A Letter from the Firm
Dear Friends,
Thank you for the great positive
feedback I received from many
readers of the Winter 2011-12
edition of The Safety Report.
I sincerely hope you find this
latest issue to be informative
and interesting. By publishing
The Safety Report, I am hopeful
that an article in this issue helps
you or a loved one avoid a
misstep that could cause serious
harm.
This issue of The Safety Report contains informative articles and safety
tips to help protect you, your family, your friends, and the community
from preventable injuries. Do not hesitate to share this magazine with
friends and family after you are finished reading it.
I feel that anyone who is in a position to give back...should. Besides
publishing The Safety Report, I am one of the founders of Lawyers
Against Hunger, a nonprofit corporation to help feed the less fortunate.
Last Thanksgiving, Lawyers Against Hunger provided turkeys to 700
families in financial straits from my firmâ&#x20AC;&#x2122;s parking lot so that they could
enjoy a great Thanksgiving meal.
In addition to publishing The Safety Report every three months, I also
blog on current issues of interest.
Please go to my website at www.
USASafetyLawyer.com and click on
the blog section to read my latest
posts. If you are reading someone
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If you would like more information
about my law firm, please go to the
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Of course, you can call us if you have any questions at 405.329.1484,
or send me an e-mail to dbnormanok@aol.com for an initial, free,
confidential consultation.
Best wishes, and enjoy reading The Safety Report.
David Bernstein

Promoting Safety.
Protecting Rights.
Giving Back.
For Almost
30 Years.

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inside this issue

the safety

report

On the Cover
SPRING
2012

/ VOL 4

Features

ED 2

62 New Section

FACES

of

INJUSTICE

THESAFE

TYREPO

RT.COM

Sharing stories
from everyday
people whose
lives have been
impacted by others

32 Distracted Driving: 1 Second Can Change Everything
Blink once or twice. By the time you’re done, life as you know it
could be over. That’s how long it takes to get into a distracted
driving accident. In this issue’s cover story, we take a sobering look
at this trending topic and how to stop the problem from reaching
epidemic levels—one person at a time.

04

2012: Year of
the Recall?

28

Off the Couch
and Into Action

50

Bringing Home
Baby: 10 tips

Trending Topics

12 Think Mold is Getting You Sick? How to Check
21 Dissecting the Popularity of Running Marathons
39 ‘Don’t’ Party Like a Rock Star
43 Is Spring Cleaning Enough?
news you can use
16

Sexual Harassment: Still A Problem in the Workplace

54

The Single Traveler’s Guide to Hotel Safety

64

The Dos & Don’ts of...

thepulse

2012:

Year of the Recall?

W

Look for mold to be a key factor

hen Novartis
announced its
recall of four
over-the-counter
medication brands
in January, it not
only took the hit of having to deal
with the returns and concerns of 140some different products, but it had to
announce a cost to the company of
$120 million for the fourth quarter of
2011 alone.
Since 2009, the American food
industry has experienced a recordbreaking food recall every year. Peanut
butter for salmonella in 2009. A halfbillion eggs for salmonella in 2010.
Listeria-contaminated cantaloupe in
2011. It’s unlikely 2012 will escape
without a similar fate. Based on 2011
trends and consumer interest, mold
could play a larger factor in 2012
recalls.
In the third quarter of 2011,
pharmaceutical recalls were at their
highest with 40 million units recalled
and a recall every single day. Six times
as many food recalls were announced

04 / THE SAFETY REPORT / SPRING 2012

compared to the previous quarter.
The mainstream media now regularly
reports on product recalls: from Toyota
to strollers.
Companies don’t like recalls.
Consumers don’t like them. And the
media often don’t understand them.
As social media opens channels for
the flow of information and reporters
come to understand how recalls work,
it seems every day consumers have a
new recall that needs their attention.
Based on 2011 data, consumers can
expect a few common threads this year
among recalls:
Drug recalls will not slow down.
Last year was a record year for
pharmaceutical recalls. FDA
enforcement reports documented
97 pharmaceutical recalls during the
second quarter of 2011, a five-quarter
high.
After two years of constant recalls of
hundreds of millions of units of Tylenol,
Motrin and Excedrin, consumer eyes

By Stephanie Haller
will stay fixed on OTC products while
regulatory agencies will continue to
increase oversight of retailers and
manufacturers.
On the rise? America’s food allergies.
Food allergies are on the rise and even
the slightest mislabeling of ingredients
can have severe consequences.
In July 2011, Under Secretary for
Food Safety Elisabeth Hagen made
a personal declaration to focus on
allergy-related recalls and allergylabeling. Her statement came in a
letter to 8,000 inspectors in the field
on why reducing a number of allergenrelated recalls should be a priority.
“This rise is of particular importance
to me both as a medical doctor and as
a parent,” Hagen said.
The USDA’s Food Safety and
Inspection Service oversaw 27 recalls
for undeclared ingredients between
January and June 2011 with almost
75 percent due to allergens, a sharp
contrast to the 32 recalls total for
undeclared allergens in 2009 and 2010
combined.

Last year’s weather conditions will
affect our food this year.
Increased attention on the effect of
environmental changes and food
supply is to be expected in 2012, with
new programs and data.
The FDA started a project last year
to identify strains of salmonella in pet
food and to pinpoint ways of removing
that food from the supply chain
after findings found 1 in 10 pet food
samples have some level of salmonella.
Last year’s unusual weather patterns
may have an impact on the prevalence
of certain bacteria, mold growth and
the discovery of new information,
such as transmit methods. Listeriacontaminated cantaloupes were
recalled in the summer—a discovery
that came as a surprise, as Listeria has
previously only been found in dairy
products, according to the FDA.
Due to the very public discussion
and consumer concern over dog food
recalls in December 2011 (due to a
toxic fungus), pet owners are going
to be more cautious about the brands
they buy this year. It’s possible that
alfatoxin and other fungi could be
a new focus for the FDA and other
regulating agencies as warmer weather
during the summer months, as we
saw in the Plains in 2011, encourages
growth of alfatoxin-producing fungus
in corn, a main ingredient in pet foods.

Consumer goods recalls will stabilize.
The number of consumer goods being
recalled is down, and that trend should
continue through 2012 when numbers
are compared to 2011 or 2010.
New regulations passed by the
Consumer Product Safety Commission,
such as lower acceptable levels of lead
in children’s products and standards
for crib manufacturers, contribute to
a climate of safety and fewer recalls,
which we should expect to continue.
Recalls that make it to mainstream
media will likely be extreme cases and
not necessarily representative of recall
trends for consumer goods.
An increase in recalls will have an
effect on retailers and manufacturers.
But as technology gets better,
companies will have to get smarter
about how they communicate the
details of an important recall.
Ellie Cachette, CEO of
ConsumerBell, a company that
provides product recall information,
believes this will be a year of new
tactics for companies.
”Consumers need to be reached
online and given easy access to
information and steps for recalls,”
Cachette says. “What we will
see in 2012 are manufacturers
getting creative in how they reach
consumers...it’s enough to mail a
letter to an old address.”

Recalls in Brief
1. Excedrin, No Doz, Gas-X
Date: January 2012
Recall Size: Unknown
Reason for Recall: Chipped pills and a
potential mix-up between prescriptionstrength pills and OTC.
Consumer Impact: Minimal, but potentially
severe if prescription-strength pain reliever
has been put inside of No-Doz instead.
2. IKEA ANTILOP High Chairs
Date: January 2012
Recall Size: 169,000
Reason for Recall: The high chair’s restraint
buckle can open unexpectedly, posing a fall
hazard to the child.
3. Iams Dog Food, Arrow Brand Dog
Food, River Run and Marksman
Date: December 2011
Recall Size: Unknown
Reason for Recall: Aflatoxin-producing
fungus
Consumer Impact: High. There are
numerous reported cases of severely ill
puppies and cats after consuming some of
the brands. The true size of the recall and
depth of products is unknown, as items
were pulled from shelves prior to an official
recall and reportedly included cat food as
well.
4. Motrin IB
Date: November 2011
Recall Size: 12 million
Reason for Recall: Did not dissolve quick
enough.
Consumer Impact: Minimal, but could pose
a problem if the medicine is not dissolving
fast enough and another dose is taken.
5. Walgreens Quick Read Digital
Thermometers
Date: November 2011
Recall Size: 92,000
Reason for Recall: Inaccurate time readings.
Consumer Impact: An inaccurate time
reading could cause a parent to mistakenly
head to the emergency room if a fever
appears high enough.
Source: ConsumerBell

Salmonella

@THESAFETYREPORT / THESAFETYREPORT.COM / 05

LEGISLATIVEBEAT
Editor’s note: In each issue, we will bring you news from around the legal
world that affects the safety of you and your loved ones.
The information is provided by the American Association for Justice.
For more information, visit AAJ’s blog, fightingforjustice.org.

Only 1 in 7 Hospital Medical Errors are Reported

The Office of the Inspector General
at HHS recently released a report
detailing how most medical errors
that harm Medicare beneficiaries
are not reported by hospital staff.
The adverse events that HHS
investigated included medication
errors, severe bedsores, infections
that patients acquire in hospitals,
delirium resulting from overuse of
painkillers and excessive bleeding
linked to improper use of blood
thinners.
HHS’s investigation found that
only 1 in 7 medical errors are
currently reported. This is a very
troubling statistic, especially when
you consider the results from a
previous HHS investigation that
found that each month more than
130,000 Medicare beneficiaries
experience adverse events in
hospitals.
As the New York Times reported,
what makes this even worse is that
some of the most serious problems,
including some that caused
patients to die, were among the
medical errors that go unreported.
Additionally, little is being done

06 / THE SAFETY REPORT / SPRING 2012

to stop the errors from happening
again:

Yet even after hospitals investigate
preventable injuries and infections
that have been reported, they rarely
change their practices to prevent
repetition of the “adverse events,”
according to the study, from Daniel
R. Levinson, inspector general of the
Department of Health and Human
Services.
In the report, being issued on
Friday, Mr. Levinson notes that as
a condition of being paid under
Medicare, hospitals are to “track
medical errors and adverse patient
events, analyze their causes” and
“improve care.”
Ten years ago, the Institute of
Medicine found that as many as
98,000 people die every year from
preventable medical errors. A recent
study estimated that the annual cost
of measurable medical errors that
harm patients was at least $17.1
billion in 2008. HHS’s investigations
confirm the problem is even worse
than we thought.

Despite talking points to the
contrary, according to HHS, hospital
employees are not underreporting
errors because they are afraid of
litigation. As the New York Times
pointed out, it is something entirely
different:
More often, Mr. Levinson said, the
problem is that hospital employees
do not recognize “what constitutes
patient harm” or do not realize that
particular events harmed patients
and should be reported.
In some cases, he said, employees
assumed someone else would report
the episode, or they thought it was
so common that it did not need to
be reported, or “suspected that
the events were isolated incidents
unlikely to recur.”
There is a clear way to lower
health care costs by getting serious
about focusing on patient safety and
preventing avoidable medical errors.
But this cannot be accomplished
unless health care providers take
this problem seriously. Patient safety
must be priority number one.

FMCSA Hours of Service Regs Not Enough
v

The Federal Motor Carrier Safety
Administration (FMCSA) has
released its final rules on hours of
service for truck drivers, and the new
limits are much like the old limits,

still maintaining the 11-hour daily
drive limit. AAJ, along with other
consumer groups such as Public
Citizen and Advocates for Highway
Safety, had advocated for a 10-hour
driving limit for greater highway
safety.
Every year, more than 4,000
people are killed in accidents
involving trucks, according to the
FMCSA. The National Transportation
Safety Board has said driver
fatigue is a factor in 30 to 40
percent of these crashes. In fact,
research shows the risk of a crash
increases twofold after eight hours
of consecutive driving, and driver
fatigue is the leading contributing
factor in truck driver deaths from
crashes.

These new rules do not change
the 11-hour daily drive limit that has
been in place for years, putting truck
drivers and also the passengers
that share the road at greater risk
for accidents related to fatigue.
Public Citizen and Advocates for
Highway Safety and other consumer
groups had filed a lawsuit against
FMCSA and the Department of
Transportation (DOT) because of
the Bush administration rule that
had increased truck driver hours of
service. The agencies had agreed to
open a new rulemaking as part of
the settlement.
The final result: more of the same
anti-safety, anti-worker regulations.
In fact, little has changed from the
previous regulations.

What Happens When You Go Under the Knife?
w
When you put your life in the hands
of a medical professional, you
hope that they will be just that—
professional. But as the New York
Times highlighted in a frontpage
article, this is not always the case.
Instead, you may encounter a scary
new trend, “distracted doctoring.”
Similar to distracted driving, this is
when doctors use new technology—
cellphones, computers, and other
devices—while performing surgeries
and medical procedures. The article
explains:

critical care. And they are not always
doing work; examples include a
neurosurgeon making personal
calls during an operation, a nurse
checking airfares during surgery
and a poll showing that half of
technicians running bypass machines
had admitted texting during a
procedure.

Hospitals and doctors’ offices,
hoping to curb medical error, have
invested heavily to put computers,
smartphones and other devices
into the hands of medical staff for
instant access to patient data, drug
information and case studies.
But like many cures, this solution
has come with an unintended side
effect: doctors and nurses can be
focused on the screen and not the
patient, even during moments of

Scott J. Eldredge, a medical
malpractice lawyer in Denver,
recently represented a patient
who was left partly paralyzed after
surgery. The neurosurgeon was
distracted during the operation,
using a wireless headset to talk on
his cellphone, Mr. Eldredge said.
“He was making personal calls,” Mr.
Eldredge said, at least 10 of them
to family and business associates,
according to phone records.

This new trend has already had
detrimental effects on real patients.
AAJ member Scott Eldredge
(Denver, Colorado) is quoted in the
article:

If this trend is allowed to continue,
this will only be the tip of the
iceberg when it comes to medical
errors resulting from “distracted
doctoring.”
To learn more about the problem
of medical malpractice, the
importance of preventing medical
errors, and improving patient safety,
visit www.justice.org/resources.
And next time you go in for a
medical procedure, remember to
ask your doctor to turn off the
cellphone.

@THESAFETYREPORT / THESAFETYREPORT.COM / 07

Oil Spills

Between 1970 and 2000, incidents such as
the Exxon Valdez disaster spilled more than
3 billion gallons of oil into marine waters
worldwide. Trial attorneys worked for two
decades to force Exxon to clean up its mess,
and have proven to be the best mechanism
for holding corporate polluters accountable.

Contaminated Water

Dirty Air

More than 50 million U.S. residents live with
unhealthy air. Even after Congress passed the
Clean Air Act, corporations continue to pollute the
air we breathe with chemicals and carcinogens
from arsenic to zinc. In the face of weak federal
enforcement, it has been trial attorneys who have
led the fight, seeking justice against all the odds
for communities such
su as the cancer-ridden town
of Globeville, poisoned by the cadmium-spewing
smelter that rose above it for 100 years.

As many
ma as 49 million Americans have
water supplies that contain levels of arsenic,
radioactive substances and coliform bacteria
that violate the Safe Drinking Water Act. Trial
attorneys were the first to take action in the
1970s, holding Velsicol Corp. accountable in
Tennessee for contaminating drinking water
300,000 barrels of chemical waste.
with 3
While federal agencies pursue only three
percent of the more than 23,000 companies
that violate federal law by contaminating
rivers, streams and groundwater sources, it
continues to be trial attorneys who offer the
best protection of Americaâ&#x20AC;&#x2122;s water supply.

Poisoning the Poor

For decades, corporations handling waste disposal
and hazardous materials have targeted low-income
communities as locations for processing plants,
dumps and landfills. State and federal agencies
were of no help, routinely allowing permits for
sites in economically vulnerable communities
without any oversight. Trial attorneys have worked
on behalf of targeted communities, such
su as
Camden, New Jersey, which was forced to accept
an industrial plant producing over a millions tons
of hazardous waste a year in a neighborhood
already marked by 15 contaminated sites. Trial
attorneys were successful on behalf of Camden
and continue to stand up on behalf of many other
similar communities.

Chemical Dumping

U.S. corporations produce more than 25
billion pounds of hazardous waste every
year, nearly half a billion pounds of which
are so toxic that they do not break down in
the environment. In cases such as Love
Canal, Hooker Chemical Co. dumped
20,000 tons of chemical waste in an unlined
canal and then sold the land to the local
school board. Time and again, it has been
trial attorneys who have worked to stop
corporations from dumping toxic waste
and held them accountable for the injuries
they have caused.

health&wellness

is

Really Considered
a Vegetable
Know what your kids are eating at school

H

ave you seen what a
school lunch looks like
these days? According
to new rules, your child’s
school now recognizes
both tomato paste—yes,
the kind from a can—and French fries
as vegetables. Yes, vegetables.
So, while pizza itself has not been
included in these new guidelines (this
is myth, rather than fact), the tomato
paste that serves as a chief ingredient
has.
Regardless, let’s take a pizza as an
example. Is there nutritional value in
pizza? Maybe, but there are drawbacks
as well.
Tomato paste in the pizza used in
schools has high sodium content and
fat in the dough. While there may
be vegetables on top, this type of
food is not necessarily considered a
“nutritious” lunch. Add pepperoni, and

you increase the sodium content even
more.
So what, as parents, can you do to
combat the school lunch? Well, for
starters, pack your own.
Packing your child’s lunch not only
gives you all the control over what
he/she eats, but will probably also save
you a bit of money as well.
You should also educate your
children about their health and healthy
food options. Teach them about
fat, cholesterol, sodium, fiber and
vegetables.
Get copies of your child’s lunchroom
menu and go over it with him/her.
Let them choose what they want and
make some suggestions about what
they might want to think about when
choosing their food.
Go to lunch with them if the school
allows.
Talk to their principal and teachers

by Jon Lewis

?

about the lunches offered and offer to
speak to the students about their food.
Children can be parrots. They watch
what you eat and how you eat. If you
fill your plate with food every meal,
they will as well.
If you limit your portion sizes, they
will learn to limit theirs. If you eat fried
foods, they will eat fried foods.
As with everything, what your
children eat begins at home. Show
them that it is good to be selective in
what you eat, and they will hopefully
learn to be selective at school. If we
can all take these small steps, maybe
we can reverse the childhood obesity
trend, which is still increasing each
year.
For more tips on healthy eating and
food alternatives, here are a few great
sites: parents.org, KidsHealth.com and
HealthySchoolLunches.org.

@THESAFETYREPORT / THESAFETYREPORT.COM / 09

OTCDILEMMA

Spring is here...
NOW WHAT?
By Edric Cho, Pharm.D.

A

llergy season officially starts
at springtime and with the
myriad of over-the-counter
(OTC) allergy medications available, itâ&#x20AC;&#x2122;s
amazing how the average consumer
doesnâ&#x20AC;&#x2122;t get confused wading through
the plethora of formulations in the
drug aisle at their local drugstore.
The immune system responds
to allergies in a defensive manner
by reacting to normally harmless
substances that it mistakes for harmful
substances. Substances that cause
allergies are called allergens. Examples
include pollen, dust and cat dander.
There is no cure for allergies, but
there are several medications to treat
the symptoms; symptoms that include,
coughing, sneezing, itching eyes and
nose, congestion and runny nose. For
the sake of this article, the focus will
be on OTC drugs.
These OTC allergy drugs include:
antihistamines, decongestants,
combination drugs and saline. They
come in all kinds of dosage forms like
pills, liquids, inhalers, topical creams,
eye drops and nasal sprays.

Antihistamines
Antihistamine medications are usually
taken in advance to stop allergy
symptoms before they start. They
prevent the sneezing, runny nose and
itching associated with the onset of
most allergic reactions.
The general rule is that the more
sedating (drowsiness) the antihistamine
is, the stronger antihistaminic effect it
has. Here is the antihistaminic potency
and sedation order from greatest to
10 / THE SAFETY REPORT / SPRING 2012

least: Benadryl (diphenhydramine),
Nyquil (doxylamine), Dimetane
(brompheniramine), Chlortrimeton
(chlorpheniramine), Tavist (clemastine),
Zyrtec (cetirizine) and Claritin
(loratadine). All these drugs are
available in generic form (names in
parenthesis) as well. Generally, you
should not take antihistamines if you
are on an MAO inhibitor.
Antihistamine eye drops are
combination ingredients that contain
the antihistamine, pheniramine and
the decongestant, naphazoline. These
are found in the brand names Visine A,
Vasocon A and Opcon A. They are very
effective for short-term therapy.

Decongestants
Decongestants are available in nasal
spray or pill form. Decongestants in
pill form generally take longer to work;
nasal sprays tend to provide more
immediate relief of symptoms.
Pills are recommended for longer
use, because decongestant nasal
sprays used more than five to seven
days may actually worsen symptoms.
There are only two available activeingredient decongestants in pill form
available OTC in the U.S.: Sudafed
(pseudoephedrine) and Sudafed PE
(phenylephrine). Regular Sudafed
(pseudoephedrine) is purchased
behind the counter even though it
is OTC. Because the drug is used
to manufacture methamphetamine,
federal and state governments regulate
its purchase. Sudafed PE can be
purchased in the aisles, but its relative
effectiveness to regular Sudafed is

inferior.
The decongestant nasal sprays
include only two active ingredientsâ&#x20AC;&#x201D;
Afrin (oxymetalozone) and NeoSynephrine (phenylephrine). Again,
nasal sprays should not be used longer
than a week or else symptoms may
worsen. The same goes for nasal
drops, such as Dristan fast-acting and
Vicks sinus.

Combination Drugs
Since antihistamines do not relieve
congestion, several allergy medicines
combine the active ingredients of both
antihistamines and decongestants
into a single medication: Actifed,
Allerest, Benadryl Decongestant,
Chlor-Trimetron, Contac, Drixoral
Cold and Allergy, Sudafed Plus,
Tavist-D and Zyrtec-D. Allegra-D
combines pseudoephedrine with
fexofenadine and Claritin-D combines
pseudoephedrine with loratadine to
name a few.
In sum, when picking out an OTC
allergy medication, it is always best to
seek the advice of your pharmacist or
physician.

BARBARA’S
STORY

Putting a face to the
drugs under review
By Steven Davis

T

here are real consequences
to post-market drug
investigations. Barbara’s story
is not rare—at least 500 people have
a similar story. While most understand
the risk and benefit of a drug, it is
essential to remember that real people
that are impacted each and every day.
Barbara was getting ready for
church one Sunday morning when she
noticed blood in her stool. Frank, her
husband, took her to the emergency
room. There, she was diagnosed
with a gastrointestinal hemorrhage.
Surgeons operated to stop the bleed,
but Barbara became septic. Less than
a month later, Barbara’s husband and
children buried her.
About a month prior to that
Sunday morning, Barbara’s doctor
recommended she switch from
Coumadin (warfarin), a common and

popular anti-coagulant, to Pradaxa
(Dabigatran), a newcomer to the anticoagulation market.
Barbara had been on warfarin
therapy for years because of a heart
rhythm problem known as atrial
fibrillation. Warfarin therapy requires
regular blood tests to ensure that the
blood is being thinned to the right
level. While on Coumadin, Barbara
was tested monthly. Marketed as a
therapeutic simplification, Pradaxa, on
the other hand, does not require the
monthly blood tests.
Barbara and Frank discussed the
drug change with Barbara’s doctor.
The doctor informed them that, as
he understood it, Pradaxa was more
convenient and no more risky than
Coumadin. Boehringer Ingelheim, the
manufacturers of Pradaxa, did not
include additional significant risks on
the label, which both Barbara and

Frank read. After research led Barbara
to conclude that the risks of both
anti-coagulant drugs were similar, she
decided to switch to Pradaxa, leaving
behind inconvenient and painful blood
tests. Two months later, Barbara was
dead.
The FDA is now monitoring patients
taking Pradaxa. Since January, more
than 500 reports of serious adverse
events associated with Pradaxa have
come to light, including gastrointestinal
bleeding, heart attack and
hemorrhage—all from a drug that has
been on the market for just over a year.
Ultimately, the FDA has (at press
time) taken the position that the jury
is still out, so-to-speak. While patients
who take Pradaxa should not stop
taking the drug without first consulting
with medical professionals, if you
are taking Pradaxa, perhaps that is a
conversation worth having.

@THESAFETYREPORT / THESAFETYREPORT.COM / 11

Think Mold
is getting you

sick?

Here’s
How to

check...

By Wendi Lewis

There are many ways
and reasons you can
get sick. Mold should
not be one of them.
Mold, often called “mildew,” is
a fungal growth that cannot grow
without water or moisture.
Tiny mold spores are generally
invisible to the eye. The spores are
usually not a problem unless they
land on a wet or damp surface and
start growing. However, inhaling
large quantities of mold spores—or
continued exposure to inhaled—mold,
may cause respiratory problems, and
the presence of mold on surfaces has
the potential to cause health problems.
The key is to control moisture in the
environment to eliminate mold growth.

Health Problems
Associated with Mold
Allergic reactions are common. These
include symptoms such as sneezing,
runny nose, red eyes, sore throat,
coughing, hoarseness and skin rash.
People with asthma who are allergic
to mold may experience asthma
attacks when exposed. Mold also can
irritate the eyes, skin, nose, throat and
lungs of both allergic and nonallergic
people.
12 / THE SAFETY REPORT / SPRING 2012

If mold is inhaled in large quantities
or over an extended period of
time, more serious problems may
result. Those at greatest risk are
the elderly, infants and children,
pregnant women, people with existing
respiratory conditions, and people with
compromised immune systems.
Unfortunately, it is usually difficult
to diagnose mold-related illnesses, as
many of the symptoms caused by mold
irritants and mold allergies also can
be caused by other things commonly
found in the home. However, if you
experience symptoms, you should talk
to your doctor, and let him or her know
if you have found mold in your home.

If You Suspect Mold is
Causing Illness...
The simplest and most effective way to
manage mold is to eliminate moisture
in the environment. Without moisture,
mold cannot grow.
If the mold is a result of water
damage, first identify the source and
fix it, if it is a leak. If the water damage
is the result of a catastrophic event
such as a flood or storm, make sure the
affected area is completely dry and any
items in the affected area are dry, and
clean all surfaces. According to FEMA,

water damage must be cleaned and
dried within 24-48 hours to prevent
mold growth.
Scrub hard surfaces with detergent
and water, and dry them completely.
Soft, porous surfaces and absorbent
materials may need to be discarded. It
is almost impossible to fully eliminate
mold from these types of surfaces
once they are contaminated. You may
want to consult a professional cleaning
service or mold remediation company
if the affected area is very large, or
if you are concerned about treating
items that are delicate, valuable or of
great sentimental value.
Even if you do not have obvious
water damage, mold can still be
present in the home. Not surprisingly,
the bathroom is a common location for
mold, because surfaces are often or
always damp. To prevent or minimize
mold growth, try increasing ventilation
by running a fan or opening a window,
and clean the affected surfaces more
often. This should help keep mold
recurrence to a minimum.

Common household cleaning
products should be effective at
treating and combating mold. Make
sure your cleaning products include a
disinfectant to kill germs. Also, keep
in mind that wallpaper and wallpaper
paste can harbor mold. If wall
coverings are water damaged or you
see mold on them, they may have to
be replaced. Once mold is present on
this type of surface, recurrence is very
likely, even with diligent cleaning.
Another area of concern for
homeowners is the home ventilation/
heating/air conditioning system,
often referred to as the HVAC. If you
suspect your homeâ&#x20AC;&#x2122;s ventilation system
is contaminated with mold, you may
need to have the ducts professionally
cleaned.

Legal Responsibilities
Associated with Mold
There are some specific legal
responsibilities associated with mold,
most commonly in the relationships
between landlords and tenants, or

home buyers and sellers. A landlord
is responsible for providing proper
living conditions for his tenants,
including making sure the home
is free of mold contamination. If
you are a tenant and discover the
presence of mold, you should alert
the landlord, who is responsible for
making sure the mold is removed.
The landlord is responsible for any
cost associated with this process.
He may require an inspection to
confirm the presence of mold.
Likewise, if you are a home buyer,
you should be made aware of any
current mold contamination in the
home. However, if there has been
previous mold contamination that
was effectively cleaned, the seller
does not have to disclose that
information.

SOURCE
GUIDE
FEMA

www.FEMA.gov

CDC

www.cdc.gov

EPA

www.epa.gov

Wikipedia

http://en.wikipedia.
org/wiki/Mold_
health_issues

Medscape

www.medscape.org/
viewarticle/710516_2

Mould
Inspector
Laboratory

www.mdsdog.com/
articles/Mold%20
Legal%20Liability.htm

@THESAFETYREPORT / THESAFETYREPORT.COM / 13

FACES

of

INJUSTICE
Faces of Injustice is a
platform that seeks to
give a voice to those
whose suffering does not
end with the conclusion
of their legal case.
At facesofinjustice.org,
we share stories from
everyday people whose
lives have been impacted
by the actions of others.
From malpractice to the
fine print, these everyday
people have been negatively
impacted by tort reform,
abusive defense tactics,
improper judicial interference
or jury bias. Faces of Injustice
tells their stories.
To read more or if you have a story you would like to tell,
please visit facesofinjustice.org.
Follow us: @faces_injustice

FacesofInjustice.org
Names, photos and documentation has
been approved by all interested parties.

prescription
drug abuse
the new

killer
on the Block

IfIf

By Pete Strom

If you have children, you
are well aware of the need
to discuss the dangers of
illegal drug use. What you
may not know is that if you
do not discuss the dangers
of prescription drug abuse with your
loved ones, you are overlooking the
nation’s fastest-growing drug problem.
The abuse of prescription drugs is
rapidly increasing, due, in part, to the
fact that prescription drugs—including
painkillers, depressants, stimulants,
opioids and steroids—are readily
available.
In fact, according to a report issued
by the National Center on Addiction
and Substance Abuse at Columbia
University, it may be easier for your
teen to obtain prescription drugs than
beer.
Think your child is immune? Think
again.
The sources of prescription drugs
are closer to home that you realize.
Statistics indicate more than 70
percent of those who have abused
prescription narcotics got them
from a friend or relative who had
a prescription. In other words, the
supplier is no stranger.
Prescription drug abuse is further
exacerbated by the number of scripts
written. In 2009, hydrocodone (Vicodin

and generic equivalents) was the
most prescribed prescription drug in
the United States—with the number
of prescriptions doubling that of the
second most prescribed drug, Lipitor.
According to the Centers for
Disease Control and Prevention,
in 2010 alone, there were enough
painkillers prescribed to supply every
adult with a one-month supply.
It’s never too early to discuss
prescription drug abuse as the
problems start at a young age. A 2009
national survey conducted by the
Substance Abuse and Mental Health
Services Administration (a federal
agency) demonstrated that as many as
33 percent of kids 12 and older began
their path to drug abuse by using
prescription drugs for non-medical
purposes, namely to get high.
Absent education, many young
people believe that prescription
drugs are safer than street drugs,
leading teens to be more apt to try
them. Many abusers further fail to
realize that long-term use can lead to
dependence and addiction. In cases
in which prescription drugs are used
repeatedly, in high doses or with other
drugs, serious side effects can occur.
Extended use can even alter normal
brain function, increasing the risk of
addiction.

What’s At Stake?
Every 14 minutes a person dies
from a prescription drug overdose
in the United States. This adds up
to more than 35,000 deaths every
year, exceeding the number of
deaths suffered as a result of a car
wreck, homicide or suicide.
Short of death, the abuse of
prescription drugs is illegal. A drug
charge can seriously damage your
child’s academic and professional
future. If convicted for possession
of illegal drugs or possession of
prescription drugs, your child may
receive academic discipline, lose
financial aid or scholarship money,
and be precluded from obtaining
a professional license—hence
destroying a potential career.
Discuss prescription and illegal
drug abuse with your children.
Stay actively involved in your
children’s lives. Know their friends
and make sure you know where
your children are. Don’t let them
slide down this slippery slope.
For more information on how to
talk with your teen, visit:
www.nida.nih.gov/prevention/index.html.

@THESAFETYREPORT / THESAFETYREPORT.COM / 15

SEXUAL

HARASSMENT
STILL A PROBLEM IN THE WORKPLACE

N

o one ever really wants to talk
about sexual harassment—especially
in the workplace. But it still happens...
more than you think.
In fact, according to a recent AOL
Jobs Survey, one in six persons
has been sexually harassed in the
workplace. Of those harassed, 43

16 / THE SAFETY REPORT / SPRING 2012

percent say it was by a manager and
51 percent say it was by a peer.
While the numbers may be
surprising, the response to these
advances is not: a high percentage
of sexual harassment acts go
unreported: only 35 percent of people
harassed reported it; women (47
percent) are more likely to do so than
men (21 percent), the survey says.

By Jim Cole and Will Sciba

So what, exactly, is considered
sexual harassment?
Title VII of the Civil Rights Act of
1964 defines it as occurring “when
one employee makes continued,
unwelcome sexual advances, requests
for sexual favors, and other verbal or
physical conduct of a sexual nature, to
another employee against his or her
wishes.”

So what should
you do about it?
Read the company policy.
Most employers have a policy
prohibiting sexual harassment and
describing the steps to be taken if it
happens to you. Read the steps and
follow them. Following those steps is
often necessary to file a claim.

In a very clear manner,
tell them to stop.
It is helpful if the victim makes it known
to the person committing the sexually
offensive conduct that it is unwelcome.

Report the sexually
offensive conduct.
When possible, report it in writing. In
most cases, the employee must have
reported the conduct and given the
employer an opportunity to correct the
problem. It is illegal for an employer to
retaliate against a worker who reports
sexual harassment.

File a legal complaint.
If after reporting the conduct the
harassment continues, the next step will
likely be to file a complaint with Equal
Employment Opportunity Commission
(EEOC) or in some cases a state agency.
An EEOC complaint can be filed in
person, online or by mail or telephone.

What the Law Says About

Sexual Harassment
Victims of sexual
harassment can recover
damages for loss of income,
emotional pain and mental
anguish, inconvenience, loss
of enjoyment of life and
other damages.
Generally, there are two
types of sexual harassment:
Quid Pro Quo and Hostile
Work Environment.

• Quid Pro Quo

This is an exchange based on
“You do something for me and I’ll
do something for you.” It simply
means that a supervisor or person
in authority demands sexual favors
in exchange for getting or keeping
a job or a job benefit. A company
is liable for damages caused as a
result of the supervisor’s actions.

• Hostile Work Environment

The courts have found that a
workplace is “hostile” when the

conduct is unwelcome, based
on sex and is severe or pervasive.
There is no exact definition for
a hostile work environment,
but it usually involves sexual
advances, touching, degrading
comments, pornography, vulgar
language, jokes of a sexual nature
or questions of a sexual nature.
An employer can be responsible
for damage when such behavior
rises to a level that causes the
workplace to be intimidating,
hostile or offensive.
In some cases, an employer also
has a responsibility to protect
employees from work-related
sexual harassment by third parties.

@THESAFETYREPORT / THESAFETYREPORT.COM / 17

get invOLved...

STOP
By Darren Tobin

A

ccording to the Centers for
Disease Control and Preventionâ&#x20AC;&#x2122;s
most recent numbers, the average
American lives to 77.9 years of age.
Chances are, that number will only
continue to rise.
In response, there has been a
surge in the number of nursing
home openings across the country.
18 / THE SAFETY REPORT / SPRING 2012

NURSING
HOME

ABUSE

And while these nursing homes are
supposed to offer a safe haven for
our elderly, all too often these homes
offer a bastion for abuse.
Elder abuse and neglect can
occur at any time and at any facility,
regardless of how fantastic the facility
seems to be. Therefore, selecting
a nursing home is a serious family
responsibility that should be weighed
in more than just dollars and cents.

Based on best estimates available to
the National Center on Elder Abuse,
between 1 and 2 million Americans
age 65 or older have been injured or
abused by someone on whom they
depended for care or protection.
You can minimize the chances that
your loved one will suffer a form of
neglect or abuse by carefully selecting
the right facility. Meet the staff. Tour
the facility. Ask questions. Be present.

Frequent and irregularly timed
visits achieve that goal. When you
visit, be sure to interact with both the
staff members as well as with other
residents who share your loved one’s
communal living space.
Your act of kindness with your
family member’s fellow neighbors
may make a meaningful difference in
that person’s life; it may also create
a new friendship for your family
member.
Plus, developing connections with
the nurses and staff can only benefit
the physical care your loved one
receives when you are away.

Don’t Be A Stranger
Your job is not over once you’ve
chosen a facility that you believe has
the best interest of your loved one
in mind. The single best way to keep
your family member healthy, safe and
free from neglect is by your visiting
him in his new home.
In addition to providing him with
your companionship, your visits play
another important role—to help you
monitor his physical and emotional
condition.
Your visits ensure that the facility’s
staff will take extra care in their
physical treatment of your family
member for fear of being caught
dozing on the job or worse: abusing
your family member.

Physical Activity Is Key
Assuming the nursing home you have
selected is a place in which residents
are respected, there are still things
you can do to help your family
member live a healthy life.
Simple and light exercising, such
as walking and lifting his arms above
his head, will create good blood flow
throughout the body. You never want
your family member to suffer from
bedsores—especially the stage four
variety.
Bedsores, also known as pressure
ulcers and decubitus ulcers, are
excruciatingly painful and can be
potentially devastating if the resident
is neglected. When a person stays
in the same position for too long,
such as sitting or lying down in bed
for more than two hours, pressure
closes tiny blood vessels that flow
to the skin and supply oxygen. The
lack of nutrients and oxygen causes
the skin’s tissue to die and a bedsore
forms.
Typically, bedsores form over the
bony areas on the back, hips, heels,
buttocks or ankles. A stage four
bedsore can become so bad that
death can result.
By taking a small bit of time and
following a few safety tips, you can
help your loved one live far beyond
their average life expectancy and
enjoy a healthy and dignified life.

beware of bedsores
Follow these tips when
visiting your loved one
to minimize his risk of
developing bedsores.
1

Check your loved one’s skin
over bony areas. If you find
red skin, you know he is not
being moved as often as he
should.

2

Make sure his skin is clean,
dry and moisturized.
Apply moisturizing lotion if
necessary.

3

Make sure he is eating a
healthy diet high in protein.
Obviously, a nursing home
resident’s options are
somewhat limited by the
meals he is fed, but you
can make sure the meals
he is eating are reasonably
healthy.

4

Get him moving. If he is in
bed most of the day, have
him stand and walk. If he is
in a wheelchair and cannot
get up, at least make him
shift positions frequently.
Seat pads specially made
to decrease pressure on
the buttocks and hips are
good options for residents in
wheelchairs.

5

Check his bedsheets to
make sure they are dry. If
he is prone to sweating or
urinating during the night,
have the staff check his
sheets daily.

@THESAFETYREPORT / THESAFETYREPORT.COM / 19

out&about

THE POPULARITY of
marathon runners
By Doug Landau

Are you a runner?
If not, I’m sure you know someone who
is. You probably also know at least one
person who runs marathons. And why
not?
There’s no denying that running has
seen a huge resurgence in the past
few years. From bucket lists to those
fancy shoe commercials, more people
are buying into the idea of running a
marathon. And not just running the
marathon, but completing it.
It is not speed, but endurance
that is the hallmark of long-distance
runners. As Americans, we like to
think we still have plenty of courage,
strength and “stick-to-itiveness.” With
the improvement in athletic shoes,
pre- and postrace nutrition and sports
medicine, more and more people are
running in road races.

Plus, the advent of “running
entertainment” (or discomfort
distraction)—in such forms as the
iPod, iChip, GPS and Polar Heart Rate
Monitors—offers enough sensory
stimulation and information feedback
for even the “geekiest” recreational
athlete.
So much for the “loneliness of
the long-distance runner.” Today’s
joggers have access to music, altitude
information, speed, distance, location,
average pave, temperature, humidity,
heart rate and calories burned, as well
as their own personal physiological
information.
In addition to the personal
achievement aspect of marathoning,
the increase in charity sports events
has helped fuel the buzz. Groups such

as “Team in Training,” which supports
the Leukemia & Lymphoma Society,
bring groups of runners together
to finish marathons and other
endurance events, all while raising
money for a worthy cause.
Another reason for the increase
in marathon participation is that
running is a relatively inexpensive
endeavor. It is one of the cheapest
exercises one can embark upon to
combat the obesity crisis. Other than
shoes and an entry fee, there is little
in the way of “required” equipment
for jogging.
A “runner’s high” does not cost
a lot of money, and the endorphins
can make people feel better for
a long time after they are done
running. Psychologically, marathon
runners report feeling better about
themselves, their health and their
ability to accomplish difficult tasks.

@THESAFETYREPORT / THESAFETYREPORT.COM / 21

With so many marathons selling out shortly after they open for registration,
evidence tends to suggest that Americans’ appetites for this test of
endurance running is on the rise. In order to maximize your safety and
enjoyment, I would recommend the following steps before and during your
marathon experience:
1

2

Carry identification.
Hydrate, hydrate, hydrate.
By the time you sense you are thirsty, it may be too late
to reverse dangerous dehydration. I take a bit of water
at every aid station, no matter how long the race.

3

Have a complete
physical exam
well before
“race day.”
Know your physiological
limits, train smart and
pace yourself to finish
realistically given the
conditions on race
day. For example, if it
is hotter and/or more
humid than you are used
to in your training runs,
go slower.

I wear a wrist bracelet with all
my contact information, medical
conditions and my name. One
can get dizzy, confused or simply
need help suddenly. Carrying
identification and a little bit of
“mad money” (for emergency
food, drink, cab fare, etc.) is
always smart. Also, letting
your friends know where you
will be participating, and even
carpooling to the race, will lower
your anxiety and increase your
overall marathon enjoyment.

4

Do not try anything
new on race day.
5

Most
importantly,
have fun!
Participating in and
completing a marathon is
quite an accomplishment.
Look around, take in the
scenery and live in the
moment.

Wear your marathon shoes and
outfit BEFORE the day of the
event. Also, practice drinking
water or electrolyte replacement
drinks and eating snacks/gels
during your training runs to see
what works for you (and what
may upset your stomach). Try
using Vaseline or other lubricants
to help reduce chafing and
rubbing in sensitive areas and
also consider a hat, sunscreen
and other sun protection. Try
these items out before lining up
marathon morning.

While Doug Landau competes in triathlons and shorter road-running races all over the country, he has completed
several marathons, with a personal best of 3:14. He is an All-American sprint triathlete who is training to represent
the United States at the Age Group World Championships in Auckland, New Zealand in October 2012.

22 / THE SAFETY REPORT / SPRING 2012

CAMPING

101

How to Survive Your First Camping Trip
By Mark Venardi

Camping can be an exciting,
invigorating and relaxing event for
the entire family. However, nature can
also be unpredictable and present
hazardous situations. Whether you
are a seasoned camper or a first-time
adventurer, following some simple,
yet important guidelines are key to
creating some lasting memories.
Know the Area
Educate yourself on the area to which
you are traveling. Read guidebooks,
consult with park rangers and talk
with other campers who are familiar
with the area. Take time to plan ahead
and anticipate needs for unexpected
occurrences that may arise.
Learn Your Landmarks
Teach your children how to recognize
“landmarks” at your campsite and in
the surrounding areas and trails. Teach
them to stay calm and remain in one
place should they get lost. Always use
the buddy system.
Watch for Poisonous Plants
Common plants to be on the alert for
are poison oak, poison ivy, and sumac.
Learn to identify plants by looking at
pictures before your trip. Wear long
sleeves and pants or apply protective
products that provide a barrier against
the plant oils that cause allergic
reactions.
Bugs Be Gone
Mosquitoes, wasps, yellow
jackets and bees are
commonly encountered
pests when outdoors.
Use citronella candles

to repel insects from your campsite
and citronella-based products for
application on clothing. Repellents
containing DEET can be used, but are
potentially toxic if used improperly or
in excessive amounts.
Keep the Campsite Clean
Animals in the wild can be easily
threatened, become defensive and
aggressive. Do not approach or feed
wild animals. Keep the campsite free of
food odors and do not bring food into
tents. Pack food in resealable plastic
bags and animal-resistant containers.
Pack food in your car nightly.
Practice Fire Safety
Build or use a campfire pit away from
overhanging tree branches. Make sure
athe fire is enclosed by a metal fire ring
or a circle of rocks. Keep a bucket of
water and shovel nearby. Never leave
the campfire unattended and put out
the fire completely before you leave.
Don’t Drink the Water
Bring bottled water, have a water
purification system or water
purification tablets. Assume that
the water in streams and creeks is

contaminated. Giardia Lamblia, a
commonly found parasite in wilderness
waters, causes severe intestinal
infections in humans.
Heed the Sun
Limit your exposure to ultraviolet
(UV) radiation. Use sunscreens and
lip balms that offer adequate SPF.
Apply liberally and often (swimming,
outdoor activities and sweating can
make repeated applications essential
for even minimal and consistent
protection). Wear hats, sunglasses
and SPF-rated clothing for additional
protection. The sun’s peak hours for
UV exposure are between 10 a.m. and
2 p.m.
Stay Hydrated
Whether temperatures are hot or
cold, most people underestimate
the amounts of fluid required to stay
adequately hydrated.
Pack Appropriately
Bring shoes that are appropriate
for the activities in which you will
be participating. Make sure shoes
are broken in, comfortable and
properly sized. Always bring an
extra pair should one pair get
wet. It’s usually best to dress in
layers to accommodate changes in
temperature. Remember, preparation
is the key. Take the time to plan
ahead, learn about the area
and bring necessary and
appropriate gear and
supplies. Doing so will help
make for a wonderful
outdoor adventure.

@THESAFETYREPORT / THESAFETYREPORT.COM / 23

Outdoor Adventures
By Doug Landau

whitewater rafting

Ever wanted to kayak?
Whitewater raft? Here are
some tips for starting out
on your newest adventure…
The exhilaration of bouncing through
whitewater rapids and splashing down
deep gorges is an adrenaline rush few
sports activities can match. Part thrill
ride, part athletic endeavor, rough
water kayak and raft trips can give
participants a real rush, a “natural
high” that is often captured in amazing
action photos and lifetime memories.
24 / THE SAFETY REPORT / SPRING 2012

Having enjoyed both family and
adventure trips, I have seen
exhilaration and injury. In order to
maximize the former and minimize the
latter, here are some recommendations
for river fun:
1. Whether you are an
Olympic swimmer or use
“water wings” in the local
pool, wear your life vest or life
jacket. Make sure it fits properly
before you embark! According to
American Whitewater, “a third of all

whitewater accidents could have been
prevented if the victim was wearing
a life vest; many deaths occur in very
easy rapids!”
2. Know the conditions.
Listen to your guides. I have
kayaked on rivers when it was
snowing and was glad to be wearing a
wetsuit with additional layers. Where
the water had many rocks, I have
worn a helmet. On some rivers, water
may be released by dams or power
companies, which changes the flow

considerably. It is important to know
the schedule just as a fisherman wants
to know the tides. Know the water flow
before you go.
3. Having learned the hard
way, carry a waterproof
pouch or container for
identification. Also secure valuables,
camera and expect that everything
you have will get wet. Do not bring
breakable items as there is movement
in kayaks, rafts, canoes, action cats
(inflatable river rafts) and other similar
watercraft. Glass bottles, delicate
reading glasses and other easily
broken items do not belong on the
river. Many river companies have “dry
bags” for items that cannot get wet
or need to be protected from being
thrown around in the boat. If your
guide does not have such a secure
bag, then stow breakable items in your
car or elsewhere.
4. Avoid alcohol, illegal drugs
and combining drugs and
alcohol. Alcohol dulls reflexes
and survival responses and is often
linked to fatalities. On the river, split
second decisions need to be made.

Stay focused, sober and have fun.
Celebrate later at your campsite or
home.
5. Prepare for the weather. Sudden
drops or increases in temperature
require advance planning, just
like changes in water flow. Very
hot days require hydration;
very cold days require dry layers and
extra calories. I have never eaten as
much as I have consumed on a cold
river-rafting excursion in the Midwest!
I ate at every stop and did not gain an
ounce! Bring snacks and dry clothes if
it is cold. Hats, waterproof sunglasses
(with attachments so that they do not
wind up at the bottom of the river
bed!) are also a good idea if the sun is
strong.
6. Know the environment. On one
trip I took, there were poisonous
snakes! So a snakebite kit was
something that was on every
boat. A first-aid kit should
always be packed. In some tropical
areas, a good bug repellent can
reduce the likelihood of an itchy trip.
Some rivers have special dangers. A
good friend was fishing and landed

a small fish. Before he know it, there
was blood everywhere, but he did not
feel any injury. He then realized that
the small fish was a ferocious piranha,
and he had been bitten on the hand.
Because this carnivorous fish’s teeth is
so razor sharp, he never felt the bite
to his hand, and he has a permanent
scar. Know special river dangers (i.e.,
piranha, snakes, rocks, dams, lowhanging branches, insects, etc.). If
there are rocks, and there usually are,
wear foot protection. If you fall out
of the boat, you should probably go
feet first with the current with your
legs bent. That way, your feet would
cushion your body from hitting any
large rocks and you could bounce off
without injury. Bottom line—know
before you go.

River rafting and kayaking
are great fun. I have seen
incredible sites and had
wonderful adventures. With
a little bit of planning and
forethought, you will have
memories for a lifetime.
Be safe and enjoy!

How much supervision is enough out there on the water?
A woman recently wrote to me on this topic.
Here’s her question and my reply:

Q

Do you think it is
wise for an adult
to boat alone with
two 2-year-olds?
They would be
on a standard
pontoon boat that has seating
around the entire front and 36inch guard rail where there isn’t
seating. The little ones would
obviously be in life vests. The
adult would not be wearing a
life vest (but there would be an
available life vest for him on the
boat). Thoughts?

A

There are a huge
number of variables
to consider and
I thought about
getting into all of
them but I’ll just tell
you my initial gut reaction and why I
had it. On a calm, shallow, backwater
or pond? Sure, if I could strap the kids
down, and I knew the area and I could
walk the boat back to shore.
On almost anything else—rivers,
large lakes, the ocean, bays—no way!
There is no way in the world I would
feel comfortable handling a boat and
two toddlers on open water. If anything
does go wrong, the consequences are
too great for very little gain.
Sure, the kids would have a blast
and it would be a great experience,
but they would have a blast if two
adults were aboard as well. Why go

alone? I can’t imagine what would be
so pressing that I would not be able to
wait for another adult (or young adult)
to be available to go along for the
ride.
Most people make these decisions
(What could go wrong?) based on the
likelihood of all out tragedy. The logic
sounds like, “They are wearing life
jackets, if they do fall overboard, I can
definitely get to them….what could go
wrong?”
It’s a fair point—the chances of all
out tragedy are remote—but there
are other things besides drowning
to consider:

Example:
The adult is handling the boat (a fulltime job) and another boat throws
a wake (as they often do) and the
toddler that isn’t on the operator’s
lap takes a tumble and cracks her
mouth on the really nice 36-inch
railing.
Now we are offshore, alone, 45
minutes from medical care (if we
are lucky) and we have two full-time
jobs—boat handling and a screaming
toddler. And the life jackets never
came into play.
(I’ve seen that one, personally. It was
a full lip split and face fracture of a
3-yr old on a North Carolina sound.
Calm water, one mile from shore.)
Sometimes it helps to rephrase the
question to change perspective.

Put it this way:
“Do you think it is wise to take small
children who have yet to fully develop
basic coordination, who may or may
not follow instructions, and who’s
basic response to crisis is screaming,
out on the most unpredictable
environment within 50 miles of our
house, in a machine with literally
hundreds of moving parts alone?”
What is YOUR answer to that
question?
Mom, I don’t know which side of this
you are on, but from my perspective
(and no kidding I am an expert at this
stuff) I wouldn’t take a small boat
on the open water with two children
alone for love or money.
Two adults. One for the boat, one
for the kids. Now we are being safe
enough for the risk. I hope that helps.
Mario Vittone is an expert in water safety and
a marine safety specialist with the U.S. Coast
Guard. The views and opinions expressed by
the author are not necessarily those of the
Department of Homeland Security or the U.S.
Coast Guard.
Learn more about Vittone at
www.mariovittone.com.

You asked, “Do you think it is wise
for an adult to boat alone with two
2-year-olds?”

@THESAFETYREPORT / THESAFETYREPORT.COM / 27

a Motherâ&#x20AC;&#x2122;s POV:

Off the Couch
& Into Action

By Lindsay Rakers

Thereâ&#x20AC;&#x2122;s no doubt that active kids lead healthier, happier
lives. According to the Mayo Clinic, children age 6 and
older need at least an hour of physical activity per day.
There also exists plenty of research that shows that
outdoor activity not only leads to better physical health
but also helps improve mental health.
As a mother of two young children, I understand that
the easy thing to do is to turn on a movie for the kids so
that the housework can be completed. But the easy thing
is not always the right thing.
28 / THE SAFETY REPORT / SPRING 2012

With nicer weather on the
horizon, let’s vow to get off
the couch and into action.
Here’s some help to get you
started.

Set an Example
So how do you get them out the door? Set
a good example and go with them. If your
kids see you eating in front of the television,
they won’t understand why you tell them to
do the opposite.
Likewise, the reverse is true—if they see
you active outside, they will follow your
lead.

Be Prepared
To keep these activities safe, make sure
you are prepared. Keep a container with
a tight-fitting lid outside to conveniently
store sunscreen, bug spray, antiseptic and
Band-Aids.
Also, create a “to-go” outdoor bag
with the same supplies to store in your car
for those impromptu stops at the park or
playground. Having these supplies on hand
will ensure your outdoor fun doesn’t result
in a nasty boo-boo!

Provide Consistency
Make activity a part of your routine—not
a special occasion. It’s best if your kids get
into the habit of expecting daily outdoor
activity.
Also, keep it fun so your kids don’t view
this time as a chore. Promote “play” as
opposed to “exercise” and the results will
surprise you.
Getting outside with your kids will not
only help keep them active, but it will help
with some much-needed family time.

Backyard Games
•
•
•
•
•
•
•
•
•

Horseshoes
Bubbles
Kickball
Hopscotch
Four Square
Potato sack or
three- legged races
Scavenger hunt
Egg toss
Play tag on the local
school track

•
•

Cloud shape:
Lie down on the
ground and look up
at the sky. Take turns
shouting out shapes
you see in the clouds
and see if the other
family members can
find them.
Catch (and release)
bugs

Ah, the winter is thawing and
the sun is shining just a bit
brighter each day. The smell of
fresh-cut grass is nearing and
that chill in the air is no longer
too tough to bear. Finally,
spring is here.
Most of us cannot wait to open
the windows and get outside.
To that end, if you’re looking
for a great springtime activity,
consider fishing. Whether a
novice or pro, fishing is an
activity that doesn’t require
much training in order to enjoy.
By April or May, it will be time
to get the rods ready to enjoy
a perfect day by the water. To
help aid in this endeavor, here
are some great tips, courtesy
of the Illinois Department of
Natural Resources, for making
your day of fishing a safe one.
30 / THE SAFETY REPORT / SPRING 2012

Use Your Tackle Safely
Fishing tackle can be dangerous if
you’re not careful.
• Know your surroundings before
casting so your hook doesn’t catch a
power line, tree or another person.
• Don’t leave your tackle lying on the
ground. Someone may trip and fall
on it, step on a hook or even break
your tackle.
• If a hook is deep inside a fish’s
mouth, don’t put your hand inside.
Instead, use some kind of a hook
remover to carefully remove the
hook. If this doesn’t work, cut the
line as far back as you safely can to
release the fish.
• Always remove hooks and lures
from your line and store them in
your tackle box when moving your
equipment.

Protect Your Body:
Wear the Right Clothing
Like with anything else we do
outdoors, always make sure you

wear the right clothing and use the
appropriate amount of sunscreen.
• Whenever around water, small
children should wear a Coast Guardapproved personal flotation device
that fits properly.
• Wear a hat. Hats keep your head
cool in the summer and warm in the
winter. They also can help keep the
sun out of your eyes and protect
your head from hooks during a stray
cast.
• Wear sunglasses. Polarized
sunglasses also help you see below
the surface of the water to see fish
and other objects.
• Shoes should always be worn
whether fishing on shore, in a
boat or wading in the water. Stray
hooks, glass, sharp rocks and other
objects on shore and in the water
could cut your bare feet. In a boat,
shoes designed to keep your feet
from slipping in a wet boat could
help prevent you from taking an
unexpected dip into the water.

Boating 101
While you don’t need any experience
to go fishing, you do need to know
how to use a boat should you choose
to take one out on the water.
• Make sure all required equipment
and a first-aid box are in the boat
before going fishing.
• Know how to properly use the
rescue devices.
• Stay seated as much as possible
while in a boat.
• Never overload a boat. Know how
much weight your boat can safely
carry and always evenly distribute
your load.
• Remain a safe distance from low
water dams and other restricted
areas.
• Keep your eyes on the weather.
Leave the water before storms
arrive. If on the water and caught in
a storm, make sure your life jacket
is on and cautiously travel to shore
and beach the boat.
• Travel slowly in shallow areas and
areas of flooded trees.

ATV’s & Kids: A Dangerous Mix
From 1982-2008 nearly ONE-THIRD of the 9,633
All Terrain Vehicle (ATV) related deaths were children under 16.
Over one hundred children are seriously injured EVERYDAY and approximately
one dies EVERY OTHER day from an ATV related crash.
Injuries to children from ATV accidents cost society OVER
2 BILLION DOLLARS annually in medical and economic costs.

PLEASE KEEP YOUR CHILD SAFE.
Don’t allow children under the age of 16 to ride ATV’s
Concerned Families for ATV Safety

Visit www.ATVsafetynet.org for more information.

@THESAFETYREPORT / THESAFETYREPORT.COM / 31

distracted

driving
1 second can change

everything
By Stephanie Andre

coverstory

B

Blink. Blink again. In those one to
two seconds, life as you know it could
be over.
One second is all it takes to be
distracted from driving. One second
between life and death. Maybe yours.
Maybe someone else’s. Maybe both.
Your cellphone is ringing and you
“need” to answer it. You’re hungry
and need to eat breakfast. You forgot
to shave and think it’s OK to do so on
your way to work.
These are all situations many find
themselves in while driving. Is any of it
really worth the risk?
While your first reaction may be to
say no, statistics say otherwise.
Studies suggest that distraction from
cellphone use while driving (handheld
or hands free) extends a driver’s
reaction as much as having a blood
alcohol concentration at the legal limit
of 0.08 percent, yet millions of people
still drive distracted each day.
In fact, distracted driving is responsible
for more than 5,000 deaths and close
to 450,000 accidents in the United
States every year. And that number is
trending upward.
What’s more, it’s no coincidence that
boosting numbers are in sync with the
rapid rate with which technology is
advancing. After all, there isn’t much
you can’t do with a cellphone today.

Instant Access

Not Just a Cellphone Problem

We are now in an age in which “instant
updates” are the norm. Social media
platforms, such as Facebook and
Twitter, generate tens of thousands
of updates per second. The need
for instantaneous information is only
exacerbated when you couple it with
the continued rise of text messaging.
To that end, in June 2011 alone,
more than 196 billion text messages
were sent or received in the United
States, up nearly 50 percent from
the same period two years earlier,
according to CTIA, the international
association for the wireless
telecommunications industry.
And consider this: In 2009, 16
percent of fatal crashes involved
reports of distracted driving, according
to the National Highway Transportation
Safety Administration (NHTSA). While
numbers have not yet been released
for 2011, the chances of a higher
fatality rate seem likely.
In fact, a 2011 Virginia Tech study
found that a driver is 23 times more
likely to crash if he/she is texting
while driving. Not an uplifting stat to
consider when you think about the fact
that there are an estimated 210 million
drivers in the United States alone.

Given these numbers, it may seem like
cellphones and texting are the only
offenders in the war over distracted
driving, but it simply isn’t true.
According to endDD.org, a nonprofit
organization founded by Philadelphiabased Joel Feldman after his daughter
was killed as a pedestrian by a
distracted driver (see sidebar), only 18
percent of distracted driving fatalities
occur because of cellphone use.
So what makes up the other 82
percent? Well, just about everything
else: eating and drinking; talking to
passengers; grooming; reading; using a
nav system; and adjusting a radio and/
or iPod, just to name a few.
“While cellphones and texting are,
of course, extremely dangerous and
should never be used while driving,
most people don’t realize that any time
you take your eyes off the road—even
for one second—you are distracted,”
says Feldman. “It can happen to any of
us. In an instant, your life can change.”
Even with state laws that ban
cellphone use (note: no state bans
cellphone use for all drivers, but many
prohibit all use by certain drivers),
distracted driving still runs rampant.
“You see it every day. Just recently,
I watched someone eat a yogurt and
steer their SUV with their knees,”
@THESAFETYREPORT / THESAFETYREPORT.COM / 33

Feldman says. “People need to wake
up and realize that these behaviors are
preventable and they can save lives.”

‘It Won’t Happen to Me’
Most people assume distracted driving
is only a teen problem, especially given
its correlation to cellphone use, but
that’s a misconception.
“This is not a teen problem; this is
an everyone problem,” says Feldman.
“Yes, teens are on their phones, but
so are we. We are the ones yelling at
the kids in the backseat or putting on
lipstick in the mirror—and we are the
ones our children look to as examples
of how they should be.”
Children live in a “monkey see,
monkey do” environment. “When you
see your parents constantly on the
phone while driving or doing anything
else that is distracting, it becomes

6

FOR

SAFETY

What is
60 for Safety?

acceptable behavior,” he says.
Hence, the cycle continues.
In addition to the behaviors teens
see, there are additional factors to
consider: sheer inexperience on the
road, shorter attention spans and the
temptation to stay “connected.”
The reality is, today’s teens have
never lived in a world in which iPhones
and Androids didn’t exist. They don’t
see a reason why they cannot be in
contact at all times and, at this age,
their belief very much hinges on the “it
won’t happen to me” philosophy.
However, because teens are still
young and somewhat impressionable,
they’re also the ones who are key to
breaking the cycle.

Educate Early
The question now becomes, how do
you get through to teens about

60 for Safety is all about
making our communities
a safer place for all of us.
To help accomplish this mission, the
group works with national nonprofit
organizations, big and small, to
develop informative and inspirational
60-minute safety presentations that
can be presented to local audiences.

What Topics Will 60
for Safety Cover?
Each 60 for Safety presentation
highlights key safety information
related to an important everyday
activity. The first presentation,
scheduled for April 2012, is
distracted driving.
In the months to come, additional
topics may include keeping kids safe
around motor vehicles, efforts to
end bullying in schools and ensuring
that local blood banks have a safe
and sustainable blood supply.

Who Are the Presenters?
Most presenters are the attorneymembers of The Injury Board
from across North America, who

nodd.org
The goal of NODD.org
(No to Distracted Driving) is to
raise awareness of the dangers
of distracted driving and to
encourage drivers to put down
their cellphones while driving—
no talking, texting, web surfing
or emailing. Just driving with
the right attention focused on
driving.
Attorney Jeff Weinstein,
founder of NODD.org, has
presented given presentations
on distracted driving to more
than 12,000 mostly student-age
drivers in the last three years.
This is his main mission with his
organization.

volunteer their time, talent and
financial resources to offer exciting
and informative 60-minute safety
presentations on a variety of topics
to a wide range of audiences in their
local areas.

Who Participates?
Participants are local schools,
PTAs, civic groups and community
organizations. The hope is that these
safety messages are not just heard,
but shared with family, friends,
neighbors and coworkers.

What’s In a Presentation?
Presentations are created around
expert information and advice from
our safety partners—nonprofit
organizations, such as EndDD.org,
KidsAndCars.org and more—who
promote proven methods to educate
the public, all in the hope of creating
a safer world for the ones we love.
For more information, visit
60forsafety.org,
facebook.com/60forsafety
or twitter.com/60forsafety.

distracted driving so they put down the
phones on their own?
While the stats don’t lie—10 percent
of drivers aged 16 to 24 years old are
on their phone at any one time—there
is some hope that teens realize driving
distracted can be deadly.
A Pew Internet & American Life
Project study found that 40 percent of
American teens say they have been in a
car when the driver used a cellphone in
a way that put people in danger.
Through Feldman’s endDD.org
and other groups, such as NODD.org
(No to Distracted Driving) and 60 for
Safety, work is being done to speak to
teens across the country in hopes that

“

There’s an App for That, Too
useful

apps

Looking for an app to help quell your
distracted driving tendencies?
Following is a sampling of some free
and/or inexpensive apps for your phone.

they will finally understand what can
happen if they don’t drive safely.
In April, as part of National
Distracted Driving Awareness Month,
60 for Safety—in conjunction with
endDD.org, the Casey Feldman
Foundation and NODD.org—will offer
high school teens an educational, yet
sobering glimpse into the tragic results
that can occur when driving distracted.
The 60-minute talks are being held
across all 50 states and throughout
Canada. To find out if a local talk is
being given in your area or to request a
presentation, visit 60forsafety.org.
“I hope it doesn’t take personal
tragedy to show people why they
shouldn’t drive distracted,” says
Feldman. “That’s part of why we’re
doing these presentations—to tell the
right story with the right message. We
want to save lives. This is a great way
to start.”

diagnostics to determine motion.

either by telematics, Bluetooth or

and emails aloud in real time and

iZUP ($2.95/month –
available on BlackBerry
and Android)
calls, texts and emails when it
detects that users are moving faster
than 5 mph. Drivers are allowed

Textecution
Application ($9.99 –
available for Android)
Once Textecution recognizes that
the phone is traveling faster than
10 mph, it disables the phone’s
texting features so text messages
cannot be sent or received.
www.textecution.com

DriveMode (AT&T –
free for Android and
BB users)
When downloaded and activated,
AT&T DriveMode automatically
sends a customizable reply to
incoming texts, notifying the
sender that the user is driving and
unable to respond. The autoresponse is similar to an “out-ofoffice” email alert.
drivemode.att.com

@THESAFETYREPORT / THESAFETYREPORT.COM / 35

5,474 people were killed in crashes
involving driver distraction, and an
estimated 448k were injured (NHTSA)

the
breakdown on

distracted
driving

2009
20% of injury crashes involved

reports of distracted driving. (NHTSA)

In a study over 18 months, college students using
a sophisticated driving simulator showed an
8x greater crash risk when texting than
when not texting. (2009, University of Utah Study)

Q&A
with Joel

Feldman,

founder of endDD.org

Joel Feldman and Dianne
Anderson lost their daughter,
Casey, in July 2009 when she
was struck as a pedestrian in
a distracted driving accident.
Borne from this tragedy were
two nonprofit organizations: the
Casey Feldman Foundation and
endDD.org. Here, we talk with
Feldman about his passion for
these two groups, how he hopes
to educate the masses about
distracted driving and even a
little bit about Casey.

The Safety Report: Let’s talk
about the origins of endDD.org.
Joel Feldman: After Casey died, I
realized I needed to do something, so
I spent the next eight months working
with state traffic safety professionals
about getting a law passed so vehicles
must now stop for—not yield to—
pedestrians. We dubbed it “Casey’s
Law.” It was enacted in April 2010.
Over the course of those meetings
and talking about what happened,
we came into contact with more and
more people who had suffered similar
tragedies. We eventually connected
with U.S. Secretary of Transportation
Ray LaHood. It’s his mission to reduce
and end distracted driving. He’s our
champion.
He came up with Faces of Distracted
Driving (www.distraction.gov/content/
faces), which features stories of others

killed by distracted driving. Stats
don’t stick, but faces and stories do.
I looked at that and thought Casey’s
story needed to be there, so we
made it happen.
From that, we received an
overwhelming response. Our cause
began to take off. We gave talks in
communities and schools. It was amazing.
With help from colleagues, we
founded endDD.org. We did all the
research, collected the data and even
had some of Casey’s friends contribute
videos. We very much wanted it to
be a place where anyone could learn
about distracted driving.
Once you do these things, you find
out that people in traffic safety really
want to help. I’ve now worked with
people at NHTSA (National Highway
Transportation Safety Administration),
the National Safety Council and more.

Using handheld devices makes you 4x more
likely to get into a serious crash. (Monash University)

85% of respondents who text

while driving agree that texting
while driving is a problem and
89% recognize that the behavior
reduces reaction time. (Ad Council, 2011)

2011

2010

An online survey of 1,999 teens ages 16-19
found that 86% had driven while
distracted even though 84% know it’s
dangerous. (2010, AAA and Seventeen Magazine)

TSR: What is it going to take to
get people to stop driving with
one hand on the wheel and the
other on their phone?
Feldman: It’s tough. People who are
involved in these accidents are just like
you and me. It takes just a second and
you can be on the other side. I hope it
doesn’t take a personal tragedy to get
people to stop driving distracted.
That’s part of why we do these
presentations—to tell the right story
with the right message.

TSR: Can you see a time when the
laws reflect just how dangerous
distracted driving truly is?
Feldman: It makes sense to ban
handheld cellphones, texting, any
electronic device. While they’re not
the only cause, cellphone use is at
the heart of the problem. If you pass

that legislation, then you can educate
people on the laws and enforce it.
Right now, the NHTSA is running
a pilot program in states, such as
New York and Connecticut, in which
cellphone use is banned. They’ve seen
a 40 percent reduction in distracted
driving. Now, that was a targeted and
expensive program, but it worked.
It’s about education, legislation and
enforcement.

TSR: Tell us a bit about Casey and
the Casey Feldman Foundation.
Feldman: Casey was an aspiring
journalist who loved volunteering and
animals. She worked in soup kitchens
and no-kill animal shelters; she always
wanted to help those in need. We
want to continue that mission, so we
encourage young people to volunteer,
we work with various no-kill animal

77% of young adult

drivers are very/somewhat
confident that they can
safely text while driving.
(Ad Council, 2011)

shelters and, of course, push to end
distracted driving.
One of the things I noticed in
nonprofits as we’ve worked more with
them over the past few years is that
they have great programs, but no one
knows about them.
So, through the Foundation, we
are bringing together skilled college
students with nonprofits to help them
boost their websites and more.
Also, because of Casey’s love of
animals, we’ve started working with a
rehab center in Philadelphia and just
funded their first service dog. After
the dog and new owner are trained,
patients will work on feeding the dog,
walking the dog and more. It helps
with their rehab efforts. I think Casey
would have loved that.
For more information, visit
caseyfeldmanfoundation.org
or endDD.org
@THESAFETYREPORT / THESAFETYREPORT.COM / 37

DID YOU
KNOW?

6,000 people died last year due
to distracted driving.
What if that could have been prevented?
It can.
A serious threat to our roadways, texting while driving,
cellphone usage and other forms of distracted driving are
rising at alarming rates. We believe it is our duty to help
educate people of all ages about this growing epidemic.
The goal of NODD.org is to raise awareness of the
dangers of distracted driving and to encourage drivers to
put down their cellphones while driving:

No Talking, Texting, Web Surfing or Emailing.
Just driving with your attention focused on driving.
Keep our roadways safe, keep yourself safe and “X THA TXT.”
Take the pledge and support the cause –
Say No to Distracted Driving.

web:

nodd.org

twitter:

@NODDorg

home&family

Party Like a
(Don’t)

Rock Star
By Linda Chalat

Talking to your older
kids about what they
should—and shouldn’t
—do on spring break

S

pring is here once again.
And for about 1.5 million
American college students
and many high school
students, that means spring break
has arrived.
While this may seem like a muchneeded break from the rigors of
academic achievement to the students
(and $1 billion to spring break-related
businesses in Florida and Texas alone),
mothers and fathers see it more
as a period of enhanced parental
apprehension.
Those memories of our own
abandonment of common sense and
self-preservation seem much less
nostalgic when we are watching our
daughters pack Band-Aid-size bikinis
and our safety-conscious sons learning
how to say “alcohol poisoning” in
Spanish—just in case, of course.
The kids are worrying about the best
beaches and bikini bodies; it is up to
you to talk to them about the dangers
of spring break.

Alcohol Consumption
& Sexual Encounters
By far, the biggest concern when
it comes to spring break is alcohol.
Almost all female students—92
percent—find that alcohol is easy to
come by at this time. Both men and
women consume an average of more
than 10 alcoholic drinks PER DAY,
compared with six drinks PER WEEK
during the rest of the school year.
A recent study found that 40 percent
of men and 33 percent of women
reported being drunk throughout the
entire day during spring break. Fifty
percent of men and 40 percent of
women reported drinking until they
passed out every night.
Drinking to such excess raises the
obvious concern of alcohol poisoning,
but also frightening worries about what
kids are doing when they voluntarily
lower their inhibitions so egregiously.
Another poll found that 74 percent
of women use drinking as an excuse for
outrageous behavior. Some 59 percent
of women reported having friends who
had sex with more than one partner
40 / THE SAFETY REPORT / SPRING 2012

during spring break and 3 out of 5 had
friends who had unprotected sex.
In fact, a full 50 percent of all sexual
encounters during spring break may
be unprotected. These numbers, when
multiplied by the 1.5 million college
students out there, are truly scary.

Getting Arrested,
Here & Abroad
Alcohol fuels more than sex among
party-goers. According to one source,
more than 60 percent of students
have had a run in with a police officer.
Panama City Beach
(Florida) has
reported

74% of women

poll

use drinking as
an excuse for
outrageous behavior.

under Italian law) of murdering her
roommate after drug-fueled sex
games. She was convicted without the
presumption of innocence and without
the guarantee of a speedy trial (she
waited two years before her trial).
While her conviction was eventually
overturned, she lost four years of
her life in an Italian prison cell. Many
countries do not guarantee access
to an attorney or to a timely court
appearance. Students should be made
aware that what may seem to be a
relatively minor offense in the U.S.
could result in an open-ended stay in a
dirty Mexican jail.

Mindless Injuries
Another concern is
what will happen
if a student
gets injured
on spring
In fact, a full
break. As
of all sexual encounters
many as 60
during spring break
may be unprotected.
percent of
students get
injured, often
through their
own actions. It
seems as though every year we hear
about a drunken spring breaker falling
off a balcony to serious injury or death.
Every student should check with their
insurance company to find out what
kind of costs will be involved if they
have to go to the emergency room or
other out-of-plan provider, either in the
U.S. or overseas.

50%

59%

Some
of
women reported
having friends who had
sex with more than one
partner during spring
break and 3 out of 5
had friends who had
unprotected sex.

arresting
about 1,300
students, while
South Padre Island (Texas) arrests an
average of 25 people per day.
Being arrested does more than ruin
a good day and potentially cause a
permanent blight on the students’
records; South Padre Island also
collects $80,000 in fines each day
of spring break. Drunk driving is a
major concern, as is fighting. Perhaps
underestimated by many partiers is the
increased likelihood of rape, either by a
friend, acquaintance, or stranger.
Being arrested on Padre Island or in
Panama City is bad enough, but many
spring breakers leave the country for
their vacation. One need only to look
at the Amanda Knox case in Italy to
understand that many of the rights we
take for granted are not universally
recognized.
Knox was convicted (legitimately

Talk to Your Kids
Spring break is a great opportunity for
students to take a break, spend some
time on the beach or visit a foreign
country. Many view it as a rite of
passage, and most escape with few or
no harmful repercussions.
Parents need to have a good
discussion with their barely/soon-to-be
adult children to raise the real issue of
remaining safe while still having a good
time. That conversation, combined with
a little luck, may lead to them having
the same conversation with their own
children in two or three decades.

THIS IS WHAT THE “BAR OF JUSTICE” HAS COME TO MEAN TO
MORE AND MORE AMERICAN CONSUMERS AND WORKERS

“The right to sue and defend in the courts is the alternative of force. In an organized society it is the right
conservative of all other rights, and lies at the foundation of orderly government. It is one of the highest
and most essential privileges of citizenship.”
That’s what the Supreme Court said a century ago. But now the “right conservative of all other rights”
is under attack.
Public Justice was founded to enforce that fundamental right. We fight in the courts – for the
wronged, the poor and the powerless; the environment; consumers’ rights; workers’ rights; civil rights;
civil liberties; and corporate and government accountability. We cannot allow access to the courts to
be eliminated for anyone.

Help us keep the courthouse doors open for all!
To support our Access to Justice Campaign, become a member of the Public Justice Foundation, or to
learn more about our fight to hold wrongdoers accountable, visit our website at www.publicjustice.net
or call us at (202) 797-8600.

Attention Foodies:
How to protect yourself
from your own kitchen.
By Pete Strom

You’re a foodie. You love to cook and
experiment with new foods, ingredients
and spices. But even with the most proper
use of safety techniques, cooking fires can
occur. So what do you do? Following are
some important tips.
• Don’t Panic
Step #1 is to remember is not to panic. Panicking can make
the situation worse as the fire is more likely to spread due
to any rash decision making. If the fire is unmanageable,
call 911. Leave your house and close the door to keep the
fire contained as much as possible.

• Don’t Use Water!
If a cooking fire is confined to a pot or skillet on the stove,
cover the pot or pan on the burner with a lid or close the
oven door to snuff out any oxygen that may fuel the fire.
Do not attempt to move anything or use water as both of
these actions run the risk of igniting the fire even more.
It is important to remember that transporting a burning
pot or pan can cause the fire to spread. Similarly, water
thrown on a grease fire, will also fuel the fire and make it
bigger.
Fire extinguishers are good to have on hand in the
event of a manageable kitchen fire; however, small fires
can become big and spread very quickly. Alerting the fire
department is always in your best interest.
42 / THE SAFETY REPORT / SPRING 2012

• Stop, Drop & Roll
If the flames spread to your clothing or skin, cover your
eyes and stop, drop and roll. These three easy steps will
keep you protected from the fire spreading further on your
body and causing burns.
Attempting to extinguish a fire yourself might prove to
be much harder than you anticipate, so in the event of a
fire, call the fire department is always in your best interest.

• Preventing Fires & Burns in the Future
Before you begin working on your next kitchen concoction,
learn some simple tips for keeping the kitchen fire free.
• Stay attentive and alert to your working area.
• Be aware that oils and grease can pop and can easily
burn your skin even if you are paying attention.
• Avoid placing anything you might need to reach for over
the stove.
• Educate children on burns and kitchen safety. If they’re
not old enough to cook themselves, it’s important they
understand how harmful a kitchen setting (and even a
microwave) can be if they’re not careful.
• For minor burns, place the affected area under cool
water. Always seek medical treatment if you are unsure
whether the burn is serious.

Heeding these rules will help you keep the
fire out of your kitchen and bring the taste
into your food.

IsEnough?
Spring Cleaning

As more people develop allergies, more cleaning
may be necessary to keep you healthy
By Fidelma Fitzpatrick

Do you ever feel like the transition from
winter to spring is like a bear waking up
from hibernation?
The days are longer, you have more energy and the sun
shines brightly enough to show all the dirt that winter—or
your sleepiness—has hidden. Either way, spring cleaning
has become a tradition in many households, but is it really
enough?
This year, Quest Diagnostics’ Nichols Institute reported
that 1 in 5 Americans suffered from allergies, a 5.8 percent
increase over the past four years. A once-a-year deep clean
may not be enough to keep the allergies at bay and your
family healthy. This may be especially true when you take
into account that mold, dust and pet dander are the three
most common allergens and have the strongest link to
asthma.

Be Careful When You Clean
Just remember that a good deep cleaning, whether done
once a year or once a week, can pose dangers of its own.
According to the Home Safety Council (HSC), there are
more than 10 million unintentional home injuries each year
that result in emergency room visits. When cleaning this
spring, the HSC offers these tips:
• Keep stairs, landings and floors clear at all times.
• When carrying objects, make sure you can see over
them and keep one hand free to hold onto railings and
banisters.
• Never leave buckets of water unattended if you have
young children; they pose a drowning hazard.
• When using harsh cleaning products, wear gloves and
masks. Never mix products because it may cause a
dangerous reaction.

Children = Allergies
Your children are twice as likely to have
allergies as you are. Quest found that 53
percent of children between the ages
of 2 and 17 have at least one allergy. So
year-round cleaning—or a quarterly deep
clean—might be a healthier option for
your family.
Families with allergies are
encouraged to regularly maintain a
clean home, focusing on washing
linens, vacuuming carpets and
furniture and sweeping floors,
which hold dust mites, mold and
pet dander.

Mold Allergens
According to Quest, mold allergies have
increased by 12 percent in the last year
and the presence of mold in your home
should be addressed immediately. If you
rent, report mold to your landlord
immediately. The homeowner
is liable for providing a healthy
space for you and your family.
@THESAFETYREPORT / THESAFETYREPORT.COM / 43

Home
Invasions
Playing it safe
By Jerry Trachtman

It’s late afternoon and your
doorbell rings. You’re not
expecting anyone, your spouse is
at work and since you don’t have
a peephole in your front door, you
ask loudly, “who’s there?”
A response comes quickly,
“Federal Express with a package
that must be signed for.”
Even though you are not expecting
anything, you open the door.
Immediately, two men wearing ski
masks and brandishing guns force
their way in.
They immediately demand your
money, jewelry and ATM cards/PIN
numbers. You fear for yourself and
for your children, who are home
from school and watching TV in
another room.
What happens next may depend
in large part on you. More
importantly, how could this
situation have been prevented?
According to a U.S. Department of
Justice report, 38 percent of assaults
and 60 percent of rapes occur during
home invasions, and 1 in every 5
homes will experience a break-in or
44 / THE SAFETY REPORT / SPRING 2012

home invasion. Those are incredible
statistics, but there are some simple
measures you can take to minimize
your risk:
• Install a wide-angle peephole in your
front door. Check to see who is there
before opening the door. Don’t
open the door to a stranger.
• Some home invaders go so far as
to wear utility company or police
uniforms. Remember, utility workers
do their work outside the house,
not inside. Call your local police and
verify before letting a “policeman”
into your home.
• Some home invaders will claim their
car has broken down, and they
would like to use your phone. Resist
the instinct to be helpful. Without
opening the door, tell them if they
give you a phone number you will
make the call for them.
• Although expensive, the best
deadbolt door lock is a digital lock.
• Do not rely solely on a deadbolt
door lock. There are many
inexpensive devices available that
mount inside the door and prevent it
from opening.
• Carry a cellphone or cordless phone
to the door if you are not sure who
wants in, and be ready to dial 911.
Better yet, create a speed dial
option for 911.

important
safety tips
If armed home intruders
have successfully entered
your home, stay calm. How
you behave in the first 30
seconds can set the tone
for all that follows.
Most experts recommend
complying with demands
to the extent necessary
to prevent physical harm.
Money, jewelry and
valuables can be replaced.
Never take aggressive
action unless you believe
that you are in a lifethreatening situation.
Try to remember physical
characteristics of the
intruders, such as speaking
accents, scars and tattoos,
as well as clothing.
As soon as possible, call
911 and provide all the
information you can.

Child's Play
Educate yourself about
the safety of your kids’ toys
By Larry Coben

Did you know that no
independent agencies
routinely test or study the
toys you buy your kids?
While the U.S. Consumer Product
Safety Commission (CPSC) has
issued some standards dealing
with choke hazards, restrictions
on paint or coatings of children’s
products, flammability requirements
and excessively loud toys, the fact
remains that this agency is woefully
understaffed and underfunded, making
it impossible for it to marketing of safe
products.
That means that the safety of the
hundreds of millions of toys that
consumers buy each year are
dependent upon the careful methods
employed by product manufacturers in
designing, packaging and marketing
their products. Oh, and just in case you
thought you could count on reputable
retailers to screen for safety risks,
forget about it. In this mass market
era, caveat emptor is back in vogue.

Choking: What to Do
First, you must assume that any toy you
buy for a child under the age of 5 will
be put in her mouth. Every caretaker
must take every toy or every small part
that is removable from every toy and
see if it physically fits through a “test
cylinder.”
The CPSC uses a cylinder with a
diameter of 1.25 inches and you should
use a tube from a roll of toilet paper. If
the toy or any removable part can pass
through the tube than the toy is sized
so that it can be swallowed and/or act
a choking device in children. Keep in
mind that any small ball may become a
tool for closing off a child’s throat and
result in asphyxiation. And, one of the
primary hazards in this regard is posed
by simple balloons.
Magnetic toys are also a problem.
They continue to be reported as
associated with choking hazards
leading to death or serious injury. Small
neodyminum iron boron magnets are

commonly used in magnetic building
sets and in bracelets and earrings, as
well as in dolls. These magnets can be
no larger than a half-piece of popcorn
but strong, so if two were swallowed
they could attract each other and
obstruct major vessels in the body.
Watch for Paint
Lead-based paint continues to plague
the toy market. Check labels for
information on the contents of any
paint coverings and eliminate these
products from your child’s basket of
goodies.
Clothing Warnings
Drawstring clothing remains very
popular and potentially leads to
strangulation and death in young
kids. Hooded sweatshirts, jackets and
pajama bottoms are poised as the
leading products resulting in these
deaths.

Caveat Emptor: Consumers
Are On their Your Own
Choking on small parts, small balls
and balloons remains a leading cause
of toy-related deaths and injuries.
Between 1990 and 2008, at least
200 children died after choking or
asphyxiating on a toy or toy part.
In 2009, more than 5 million toys
and other children’s products have
been removed from store shelves over
the fear of choking hazards.
@THESAFETYREPORT / THESAFETYREPORT.COM / 45

60 for Safety is an ongoing effort to
kickstart a safety revolution.
The idea is simple â&#x20AC;&#x201D;
Give us 60 minutes, either as
presenter or participant,
and weâ&#x20AC;&#x2122;ll help you make the
world a safer place.

Our presenters are attorney members
of The Injury Board from across North
America, who volunteer their time,
talent and financial resources to offer
exciting and informative 60-minute
safety presentations on a variety of
topics to a wide range of audiences in
their local areas.
Our participants are local schools,
PTAs, civic groups and community

join the
movement!

organizations where we hope our
safety messages are not just heard but
shared with family, friends, neighbors
and coworkers.
Our presentations are created around
expert information and advice
from our safety partners, nonprofit

for more information
visit us online

60forSafety.org
follow us:

@60forSafety

organizations, such as EndDD.org,
KidsAndCars.org and more, who
promote proven methods to end
distracted driving, keep kids safe
around cars, put a stop to bullying in
schools, and other great ideas that
help us create a safer world for the
ones we love.

Keep Tabs on Your

Appliances, Electronics

10 home products to keep track of throughout the year
By Jim Gilbert

Home appliances and
electronics provide us with
unprecedented convenience
in our daily lives. Yet, along
with the benefits of these
products come certain risks.
The Home Safety Council
estimates that 21 million
injuries and 20,000 deaths
occur each year from
home-related incidents.
It is important for consumers
to identify potential safety
threats within their homes
and familiarize themselves
with preventive measures to
protect against accidents.
1. Kitchen Appliances: Recent
consumer incident reports to the
Consumer Product Safety Commission
(CPSC) indicate that lights and control
panels in some refrigerators and
dishwashers have malfunctioned and
caught fire, leading to home fires and
electrical and burn injuries. Inspect
the lights and control panels in your
refrigerator and dishwasher to ensure
they are properly working.
2. Water Heaters: The flues on a
limited number of water heaters
produce extreme heat in the venting
unit, presenting a fire hazard. Have
your water heater inspected annually
for fire hazards.
3. Space Heaters: The CPSC reports
that space heaters cause 21,800 home
fires and approximately 300 deaths
annually. Many of these incidents

occur from malfunctioning heaters or
flammable objects left too close the
heater. Keep space heaters at least
four feet away from any flammable
objects. Do not leave the heater
running when you are not in the room.
4. Falling Hazards: Unstable
televisions, appliances and furniture
present falling safety hazards,
particularly to children. Between
2008 and 2010, an average of 22,500
injuries resulted from the instability of
these items in the home, with 19,200
injuries involving unstable televisions,
according to a September 2011 CPSC
study. Check that appliances and home
electronics—particularly top-heavy
televisions—are adequately secured to
prevent toppling.
5. Furnaces & Heaters: Component
electrical parts in certain direct-vent
wall furnaces and other fuel-generated
heaters can fail and create a risk of fire
or carbon monoxide poisoning in the
home. Have the safety and operations
of any panel of wall-heating product in
your home inspected annually.
6. Washers & Dryers: Clogged clothes
dryer exhaust hoses and lint filters
cause approximately 15,500 fires and
10 deaths each year, according to the
CPSC. Clean out the dryer lint filter
after every use and inspect the dryer
vent hose for lint accumulation every
few months.

7. Malfunctioning Products: If an
appliance or electrical product appears
to be malfunctioning, smoking or on
fire, exit your home if your safety is at
risk, and turn off the electrical circuit
breaker to that area of the home.
8. Flammable Objects: Check around
your home to ensure that flammable
objects are removed from the vicinity
of heat-producing appliances and
products. Test the positioning of
furniture, appliances and televisions to
protect against falling hazards.
9. Smoke Detectors: Install smoke and
carbon monoxide detectors in all major
rooms, hallways and bedrooms and in
the vicinity of the HVAC systems. Place
fire extinguishers in strategic locations.
Inspect the detectors quarterly.
10. Up to Code: The CPSC
recommends that consumers make
sure that appliances are installed
and operated to the manufacturer’s
instructions and local building codes
by having a licensed professional install
your home appliances.
By abiding by these few, simple
rules, you’ll have a safer home.

For more information on
product complaint and recall notices,

visit www.saferproducts.gov.

@THESAFETYREPORT / THESAFETYREPORT.COM / 47

Is Asbestos Ever Safe
to Leave in a Home?
What to do if you discover
the minerals in your home
By Steven Kazan

eople may feel like they
are safe in their own
homes, but many older
houses contain asbestos,
exposure to which can have
devastating consequences.
Asbestos—a set of six naturally
occurring minerals—was once widely
used as an insulator and flame
retardant. Due to these properties,
the substance was utilized in a
great many products that are now
commonly found in older homes.
However, it has long been proven
that exposure to the naturally
occurring substance could cause a
number of serious illnesses such as
asbestosis (by 1930), lung cancer

48 / THE SAFETY REPORT / SPRING 2012

(by 1955) and (by 1960) malignant
mesothelioma, a rare and deadly
cancer that attacks the thin lining of
the chest and abdomen.

Where Can Asbestos Be
Found in My Home?
In 1989, the U.S. Environmental
Protection Agency issued a rule
banning the use of most asbestos
products. Two years later, an appeals
court overturned that rule. However,
new use of asbestos is uncommon
in the U.S. and a number of specific
products are banned.
Still, homes built before this period
often contain asbestos in certain
products. According to the EPA, the

Once asbestos is identified in the
home, it can be tempting to want to
get rid of it as quickly as possible.
However, often the best thing to do
is nothing.
Asbestos poses the most danger
when it becomes disturbed and the
mineral fibers become airborne;
the inhalation of these fibers is
what causes illness. Typically, if
the asbestos is not disturbed or
damaged, it does not pose a risk.
The EPA recommends that people
regularly check areas in which they
believe asbestos may be to ensure
that the substance is not damaged.
In addition, people should be
sure to avoid projects that could
potentially disturb the substance,
such as drilling into a wall coated with
asbestos-containing paint or joint
compound.

Caution is the Name
of the Game
Due to the devastating consequences
asbestos exposure can have—the
World Health Organization estimates
that asbestos-caused diseases kill
107,000 people each year—one
should never attempt to remove
asbestos on his or her own.
While it may take additional time,
contacting a certified asbestos
abatement professional will ensure
that the material is handled and
disposed of properly. This is the best
way to protect your family and your
home’s resale value.

read
the fine print
Four lessons to learn
before purchasing your
next home warranty.
By Wayne Parsons

Too often, home buyers close
on a home without ever really
looking carefully at their new
home’s warranty. When a potential
problem arises, they end up out
of luck—and money. Following are
four things to consider before you
signed on the dotted line.
1

Follow the Rules
Each warranty will state what must
be done to file a claim. Failure
to follow each step may void the
warranty. Warranties may be called
“Full” or “Limited” or “Repair,”
but a homeowner must not make
assumptions based upon the label and
should read the warranty carefully to
understand what exactly is covered.
Follow the rules in the warranty, make
all claims in writing and keep copies
of all correspondence and proof of
delivery. Calling “customer service”
and speaking with someone is not
enough.

2

reasonable expectations of a home
buyer, in terms of the quality and
maintenance of a new home.
For instance, a roof should not leak.
Implied warranties cover areas such
as structural integrity. No “implied
warranties” are in the sales packet.
Every buyer gets them from courts
and judges who have ruled that the
law will step in on the side of a home
buyer if shoddy workmanship or
defective materials exist.
The implied warranty is based upon
what a reasonable “buyer” would
expect in a house, not what the
seller states. The implied warranty of
fitness for a particular purpose covers
situations such as the use of a slippery
tile floor in an area exposed to rain or
a roof that leaks.

Written vs. Implied Warranty
Courts have created “implied
warranties” that create a duty on the
homebuilders and sellers to meet the

3

Don’t Be Fooled by a
Short Warranty
Many times, a seller will state that
there is a one-year warranty on a
home after the final walk-through.
Each state has different laws and
different time periods for these
“statutory” warranties, but they do
not limit the home buyer’s rights

to pursue claims under the implied
warranties.
If the seller rejects your claim
because the one-year warranty has
expired, check the law on implied
warranties in your state because you
may have more time.
4

After the Warranty Expires
Generally, an express (written)
warranty will be void if the claim is
not made within the written warranty
term. However, an implied warranty
doesn’t have a set time for expiration.
“Latent” defects are those that lie
beneath the surface and are hidden
from the buyer’s view.
Latent defects surface sometimes
years after occupancy when, for
instance, a portion of the structure
fails and investigation shows that a
defective material was used or shoddy
workmanship was involved.
If the defect was not apparent
to the buyer for a number of years,
the time to bring the claim may
be extended under the applicable
implied warranties. This is a complex
area that requires skilled legal analysis
by an experienced local lawyer.
@THESAFETYREPORT / THESAFETYREPORT.COM / 49

Baby

Bringing

Home

Ten tips for keeping
newborns safe and well
By Ed Graham and Luis Chastain, MD

As an expectant parent, you
maintained optimum health
through proper diet, exercise
and prenatal care. You finally
made it through labor and
delivery and are now taking
home your bundle of joy.
The hard part’s over, right?
Well, not so much. For every
new parent, the safety and
well-being of your baby is job
one. Here, we offer 10 ways to
help you transition your baby
safely to a bold, new world.
1

2

Home environment. Long before
delivery, safeguard your home.
• Make sure there is no mold, carbon
monoxide, radon or lead paint.
• Verify that smoke, fire and carbon
monoxide alarms are properly
installed and powered.
• Lock cabinets that contain alcohol,
drugs, insecticides, cleaning agents,
perfumes, fertilizers, poisons or
other noxious substances.
• Remove all firearms, or at least keep
them locked and unloaded.
• Forbid smoking in your home. If
you insist on smoking, do so only
outdoors, away from you child; then
shower and change into freshsmelling clothes as soon as you
enter your home.
• Block all electrical outlets not in use.
• Change HVAC filters regularly.
• Set your water temperature not to
exceed 120 degrees Fahrenheit.
• Purchase and use a cordless
telephone headset to free up both
hands for baby while multi-tasking.
• Learn baby CPR.
• Avoid crowds and sick people
the first two months, as fever the
first two months often requires
hospitalization.
• If domestic violence is a problem in
your home, resolve that before your
new one arrives.
Car Safety. Verify your baby car seat is
installed correctly. Rear-facing is best
for small infants and remains best
until age and size dictate a forward-

facing installation. Never place your
young child in the front seat. Middle
of the back seat is best. Remember,
car seats work in airplanes too. Do
not get distracted and leave your
baby alone in your car, as extreme
temperatures can be deadly. As your
baby gains mobility, be mindful of
blind spots behind and in front of your
vehicle.
3

4

5

Feeding. If you breastfeed the first
six to 12 months or use formula,
pay special attention to maternal
nutrition during that time. As you later
introduce solid foods, offer a variety
including pureed fruits and veggies
from your own plate. Never offer a
bite size that could possibly cause
choking.
Sleeping. Place your baby on his
or her back for sleeping, in a crib
that does not present risk of head
and neck entrapment. Remove
unnecessary dangers, such as plush
toys and soft bumpers. Favor warm
pajamas over extra blankets. Purchase
and use a monitor to alert you to
crying or interruption of normal
breathing. Resist the temptation to let
your baby sleep with you.
Fall Hazards. Install a baby gate at
any stairs. Change diapers at a low
height. Refrain from lying down with
your baby in your bed or on a couch.
Carry your beloved with two arms or
in a strong and secure child carrier.
Secure heavy items in your home, to
prevent them from falling and hurting
your newborn.

6

Choking and Strangulation Hazards.
Keep small objects and toys with small
parts away from your baby. As he or
she starts to crawl, pay attention to
objects on the floor, such as coins,
paperclips and bobby pins. Keep
bite sizes small. Use loose blankets
sparingly.

7

Drowning Hazards. Do not leave your
baby alone in the tub— ever. Even
two inches of water can cause death

by drowning. Restrict access to pool
areas and bodies of water. Early swim
lessons promote water safety and
will reduce anxiety for you and your
growing child.
8

Sun Hazards. An adjustable roof
on your baby carriage should be
positioned to minimize sunburn risk,
but light complexions also need
sunscreen. You should not overlook
sunstroke risk during extended time
outdoors, so limit sun exposure and
hydrate appropriately. Sun rays can
be intensified by auto glass, so be
mindful of sunburn even while driving.

9

Doctor Visits. Schedule well-baby
visits first thing in the morning or right
after lunch to minimize exposure to
illness. Write out any questions or
concerns ahead of time, so you do not
forget or shy away from getting all the
information you need. Insist pleasantly
that your physician wash his or her
hands in your presence.

10

Take Care of Yourself. Your child
depends on you. Keep yourself
physically, mentally and emotionally
well, with good nutrition and
exercise, so you can provide optimum
care. If you experience sadness,
get evaluated for postpartum
depression and follow treatment
recommendations of your physician.
Report domestic violence and seek
safe refuge when necessary to protect
your child.
Above all, have confidence that
with every passing day you gain
valuable skill and experience as
a parent. Attentive parents learn
to trust their own instincts to
maximize their child’s health and
safety. The time and effort you
devote to keeping your baby
safe offers priceless returns on
investment.

@THESAFETYREPORT / THESAFETYREPORT.COM / 51

COMMENTARY

BeforeYou
Travel

Do Your Homework

10 tips

t

for traveling to an
unknown destination

By J. Robert Davis

Two years ago, after much prodding
by my 12-year-old son, we decided to
embark on a fishing trip to the Amazon
Basin. Excited but a little uneasy about
making the trip with my child, I logged
on to the Centers for Disease Control
and Prevention (CDC) website.
What I learned was that several
outbreaks of deadly Yellow Fever
had recently occurred in the Basin. I
immediately contacted my brotherin-law, a board-certified doctor in the
field of infectious diseases.
He said, “There is a vaccine, but you
really should wait until Birch is a little
older. Why take the risk?”
We have not made the trip...yet.
And I still feel good about the
decision. Put safety first when traveling
to an unknown destination. Research,
prepare and consider these tips:

52 / THE SAFETY REPORT / SPRING 2012

1

Your Health

2

Your Luggage

Travel with a stash of medicine.
Obtain the necessary vaccinations well
in advance. Bring Benadryl for allergic
reactions (don’t forget your Epi-pen
if you have known serious reactions).
Neosporin for cuts and scrapes. Proair
for your asthma. Antibiotics to ward off
more serious problems. Talk to
your doctor before you go.

weatherize your vehicle before a trip.
Have an expert check your tire wear.
Keep an emergency pack in your
vehicle with food and water, first aid
and hazard warning in case you break
down. Dress warm (unless you are
driving in Texas in August!)
Check out www.wunderground.com
(the weather underground details
forecasts wherever you go); and
www.fhwa.dot.gov/webstate.htm
(offers travel advisories and road
closures by state).

4

Your Travel Documents

Always make a copy of your
passport and keep the two separate
and safe (I secure my passport in the
hotel and venture out with my copy).
Ditto with your driver’s license (keep
a copy in your vehicle). Bring a valid
copy of your proof of insurance. Check
out www.travel.state.gov. (If your

on the road

passport is lost or stolen, you can find
the local consulate here.)

5

Your Money

Always keep a secret stash
separate from your purse or wallet.
Never flash your cash when paying. If
you must use the ATM, use a welllit location in a hotel lobby, bank or
airport. Call your bank and set a limit
on the max you can withdraw from an
ATM in a single day, and tell them if
you are traveling abroad.

6

Your Day Trips

Never travel alone unless it is
unavoidable. Dress modestly. Avoid
provocative or flashy clothes and
jewelry (leave it at home). Use only
taxis called by the hotel concierge or
restaurant doorman. Employ a local
guide recommended by your hotel.
Beware of strangers.

7

Flying

Always stay buckled when
seated (clear air turbulence can occur
without warning). Beware of Deep
Vein Thrombosis (DVT). Drink plenty
of fluids. Get up and walk around.
Ask your doctor. He may prescribe a
diuretic. Comply with security (like it
or not).

8

Driving

Avoid driving fatigued. Never
drink and drive. Eyes on the roadâ&#x20AC;&#x201D;
not on your phone (see cover story
for more). Slow down and always stay
buckled up. Check out
www.dot.gov/citizen_services
(provides numerous handy links to
safe road travel wherever you go).

9

Your Lodging

or electronics in your vehicle. Use the
concierge for local information or to
obtain a guide. Use the room safe or
front desk to secure valuables. Keep
your doors locked at all times inside
your room.

10

Research and Checklist

Make a checklist of important
items to bring. Know your destination.
Check for travel alerts and warnings
about local conditions. Check out
www.travel.state.gov (Bureau of
Consular Affairsâ&#x20AC;&#x201D;a must when
traveling abroad); and
www.fco.gov.uk (British foreign
office for a different view of your
destination).

Do your research. Be
prepared. Be safe. Have fun!

Stay in the best hotel you can
afford. Never leave luggage, valuables
@THESAFETYREPORT / THESAFETYREPORT.COM / 53

The Single
Traveler’s

Guide
to Hotel
Safety
By J. Gregory Webb

In fact, according to
the American Hotel &
Lodging Association
(AHLA), more than 1.5
billion people slept
in a hotel or motel in
2010. Though most
hotels are safe and
secure, awareness of
your surroundings and
using common sense
can help you avoid
becoming the victim of
a crime.
Whether at a bed
and breakfast, five-star
luxury property or
an airport hotel, use
these tips to keep you
safe.

Before You
Head Out
• Read travel reviews
and guides to find out
if the hotel is located
in a safe area.
• Find out if the
hotel’s hallways, exits,
entrances and parking
lots are monitored by
a security camera.

Checking In

From business
trips to single-girl
getaways, traveling
alone has never
been more popular.
54 / THE SAFETY REPORT / SPRING 2012

• Ask for a room
above the ground
floor, especially if
there are sliding glass
doors—an entry point
offering easier views
of and access into your

room. Once inside your room, check
the door and window locks and
make sure connective room doors
are locked.
• If your room is too isolated, move
to another room in a higher traffic
area.
• If the desk clerk says your room
number out loud, request that
you be given a different
room and have him
write it down.
• Have the key
in hand to avoid
fumbling with it in
the hallway. This helps
you focus on being aware of your
surroundings.

While In Your Room
• Turn the deadbolt and fasten the
security chain and keep the door
locked at all times.
• Do not open your door to strangers.
• If someone knocks, use the security
viewport to see who is outside
your door. Do not trust someone
claiming to be a hotel employee if
you are not expecting one. If you
are unsure, call the front desk to
check. Leave the security chain
engaged while opening the door for
further protection.
• Hang the “Do Not Disturb” sign on
the door when you’re out so people
think the room is occupied. Do not
hang the “Please Make Up Room”
sign—that’s a dead giveaway
that you’re not there. Instead, call
housekeeping when you need
service.

Coming and Going
• When you leave your room, pull the
door completely closed behind you.
Make sure the latch has engaged.
• Do not display cash or expensive
jewelry.
• Always use the main entrance when
entering or leaving the hotel after
dark.
Traveling alone can be a great
experience. Taking the time to better
educate yourself on some simple
safety rules will help make your trip all
the more enjoyable.

Simple,
But Obvious

the teen driver
Tips for
in your life
By Stephanie Andre

Attention parents of teenagers!
Is your son begging you to let
him get his driver’s permit?
Does your daughter long for
her independence from you,
carpools and the embarrassment
of pickup and dropoff?
If so, you’re not alone. Whether your
teen is enrolled in driver’s ed or you’re
teaching him or her yourself, here are
some smart tips to remind them of
before they get behind the wheel.

Always Pay Attention
A good defensive driver always knows
what is ahead, to the side and behind
the vehicle. He/she always drives for the
road and weather conditions.

Know Your Speed
The faster you go, the less control you
have over the vehicle. Speed limits have
been established for the safety of all
road users.

The Driver Is
Responsible
Don’t move the car
until all occupants
are wearing their seat
belts. Passengers
in the front of
the vehicle must
properly adjust their
headrests (they
should be adjusted at
approximately mid-ear level). Too high
or too low can cause injury.

No Child’s Play
Talk about overstating the obvious.
Plain and simple, a motor vehicle is a
potentially dangerous weapon if it is
not used properly. A vehicle is a form
of transportation, which is meant to get
you from point A to point B. It is not
meant to be used as a way to impress
your friends.

No Drinking & Driving, Period
Alcohol, drugs and driving don’t mix.
Lack of sleep can lead to collisions. To
drive safely, you must be sober and
alert. Spell out what the consequences
of driving drunk, etc., will be.

What to Do If You Miss a Turn
or Exit
Go to the next turn or exit. Know your
route. Look it up before leaving for your
destination or use a GPS.

Be Ready to Share the Road
You’re not the only one on the road.
You have to be aware of other drivers,
pedestrians, motorcycles and bicycles.
Plain and simple, you have to share the
road with others.

Who’s Paying for This Car?
Will your kid have to pay for gas? Car
insurance? Damage done to the car?
These are questions you should discuss
with your teen prior to letting him/her
get behind the wheel.

Consequences for Actions
Lay down the rules about car usage.
What penalties/consequences have you
discussed with your teen with regard to
breaking the rules? Is your kid aware of
the legal consequences of not playing
by the rules?

Just Drive Safely
Follow the rules and you’ll just be
another driver on the road.

@THESAFETYREPORT / THESAFETYREPORT.COM / 55

WORKING TO KEEP CHILDREN SAFE
IN AND AROUND VEHICLES
Behind this SUV is a group of daycare children. Not one of these children can be seen
by the driver behind the wheel.
Before you turn the keyâ&#x20AC;Śmake sure you can see! Most drivers are unaware of the large
and very dangerous blindzone that exists behind all vehicles. Every week at least 50
children are seriously injured or killed after being backed over because a driver was
unable to see them behind their vehicle.

Help save the life of a precious child
Donate to KidsAndCars.org
Log on to donate: http://kidsandcars.org/donate.htm
Follow us: @KidsAndCars

Until there are
nationwide standards
to which all must
abide, here are some
tips to keep you safe
at railroad crossings:

Forget
the Bells

and Whistles

Know the rules for staying clear of passing trains
By Brett A. Emison

What if the roads you
traveled were filled with
constant hazards, such
as large, metal objects
hurtling through the dark
at high speeds, often
careening into the line
of traffic unannounced,
without warning to
motorists, seriously injuring
or killing those individuals?
This happens hundreds of times daily
at railroad crossings across the U.S.,
resulting in more than 29,000 railroad
crossing collisions, 10,000+ injuries
and more than 3,500 deaths over the
last decade.
It seems like a train would be an
easy obstacle to miss, just based
on size alone. But a train’s girth can
be deceptive; an entire train can be

hidden by improper sight lines or
even a simple, overgrown shrub.
Despite the danger, most railroad
crossings are not protected by
flashing lights, bells or gates. Most
crossings are identified only by the
small, X-shaped railroad crossing
“cross buck” signs.
Even if lights and gates are present,
poor maintenance or malfunctions
may cause these warning devices to
be unreliable.
Malfunctioning lights and gates
make railroad crossings even less
safe because motorists rely on those
devices to warn them when a train is
approaching.
Many railroad crossing collisions
could have been prevented by the
railroad company, but corporations
often refuse to install safety devices
unless they are paid for by federal,
state or local funds.

• Often, railroad companies fail to
install proper warning devices,
such as lights, alarms (crossing
bells) or a functioning crossing
gate, so if you see the yellow
and black RR crossing sign,
don’t assume it’s “all clear.”
• Many railroad crossings have
improper sight lines that make
it difficult (or impossible) to
see oncoming trains. Be extra
cautious when approaching a
crossing that might have shrubs
or other obstacles that could
hide a train.
• Sometimes a train is parked
too close to a crossing—even
directly across the road. At
night, this can be particularly
dangerous. If you see your path
of traffic is close to an active rail
line, keep in mind that a parked
train is one of the more severe
points of collision out there.
• Listen for train horns or whistles
at or near a crossing—but don’t
depend exclusively on them.
Brake and proceed with caution.
Just because there’s no audible
warning of a train crossing your
path, doesn’t guarantee that a
train is not approaching.

@THESAFETYREPORT / THESAFETYREPORT.COM / 57

‘Driving’
each other

crazy

Keys for motorists, cyclists
to coexist on the roads
Most main roads are congested.
Whether it’s during rush hour—or
any hour—unless we start driving
flying cars, it doesn’t look like
it’s going to get better any time
soon. Add to this a growing
number of cyclists, and you have
a recipe of dangerous behavior
and maybe even some road rage.

Driver Errors
Below are some common mistakes
motorists make. Don’t be a statistic.
Review these scenarios and change
your driving habits. You never know
who you may be saving.
The Right Hook - A motorist tries to
overtake a cyclist, and not realizing
how fast the cyclist is traveling, has
to “gun it” in order to pass the cyclist
only to make a hard right turn in front
of the cyclist, often resulting in a
collision or the cyclist being forced off
the road.
The Left Cross - The motorist and
cyclist are traveling in opposite
directions on the same road and as
they approach each other, the motorist
turns left in front of the cyclist, often
resulting in the cyclist broadsiding the
car and then flying into or over the
vehicle.
Buzzing - The motorist often sees the
cyclist up ahead and makes it a point
58 / THE SAFETY REPORT / SPRING 2012

By Danny Feldman

to pass very close to the cyclist in order
to show the cyclist that the motorist
is aggravated that it must “share” the
road with the cyclist. Obviously, the
slightest miscalculation will result in the
cyclist being struck or forced off the
road.
What’s the Solution? - Bottom line:
These behaviors are either the result
of intentional misconduct (buzzing) or
the result of carelessness or distracted
driving. They can even sometimes
be the result of the motorist simply
underestimating the speed at which
the cyclist is traveling (most often, the
right hook).
As a driver, be more careful and
have greater respect for cyclists on the
roadway, which may be achieved by
a number of factors, including driver
education and 3-foot passing laws.

Mistakes Cyclists Make
Drivers are not the only culprits in
motorists vs. cyclist incidents. Heed
these warnings. Spend more time
watching for cars and less time
weaving between them.
Running Red Lights / Stop Signs Cyclists (like motorists) who do this,
do so at their own risk. Of course, it is
even more aggravating to a motorist
who is sitting in a line of cars waiting
for a light to turn green to see a cyclist
pass the stopped vehicles and then run
the red light.

Listening to iPods and/or Other
Devices – Some cyclists are “plugged
in” when they ride and thus cannot
hear street sounds and other things
that may alert them to danger.
Although motorists are often listening
to music with their windows rolled up,
many seem to still be aggravated by
the sight of a cyclist (or pedestrian) on
the road with their ears plugged up.
Unpredictable Riding Behavior –
Weaving around and through cars,
suddenly changing directions without
giving hand signals regarding the
rider’s intentions annoys drivers and,
obviously, surprise moves by the cyclist
may well put them in danger.
What’s the Solution? Unfortunately,
such behavior is primarily dangerous
to the cyclist because he is the one
who will bear the brunt of the physical
injuries.
Cyclists—who also almost always
are motorists as well—could eliminate
these behaviors by considering how
they would feel if they were the
motorist in question in any of hte
above situations.
Whether you are driving a car or
a bicycle, always consider those
around you and be cognizant of the
environment in which you are traveling.

It Always Happens
to Someone Else

for more info

visit

KidsAndCars.org

...until it happens to you

By Janette Fennell
In a matter of minutes, something
unspeakable and unthinkable can
happen in a place where you and
your children spend a lot of time—the
family vehicle. And, even a bigger
problem is that no parent thinks it will
ever happen to them.
What is this common safety risk that
parents want to deny? Children left
alone in vehicles.
More than 600 children have died
in vehicles from heat stroke since
1990, including 49 such fatalities in
2010—the most ever reported in a
single year. But here’s an even more
shocking statistic: In more than half
of the incidents, the children were
unknowingly forgotten by the driver

and left alone in the car.
You’re probably thinking, “That’s
dreadful, but I would never do
something like that.” You’re probably
right, but have you ever had one of
those days when you’re so stressed
and exhausted that you find yourself
operating on ‘auto pilot’? Going
through your daily routine…driving to
work and not realizing how you got
there?

Police chases kill at least

Allison

Johnny

Desiree

3

Brandon

A child left alone in a car on a warm
day is a tragedy waiting to happen.
The good news is following the simple
steps below will ensure that your
children will never be inadvertently
left alone in a vehicle.
• Keep a stuffed animal in your child’s
car seat. Place it on the front seat as
a reminder when your baby is in the
back seat.
• Put something in the back seat such
as a cellphone or employee badge
that requires you to open the back
door every time you park.
• Ask your babysitter or child care
provider to call you if your child
hasn’t arrived by the normal time.
• Make it a routine to open the back
door of your car every time you park
to check that no one has been left
behind.
• Keep vehicles locked at all times;
even in the garage or driveway.
• Keys and remote openers should
never be left within reach of
children.

innocent bystanders every week.

Tabatha

Kristin
Kristie

Isaac
Chris

How many deaths before it’s not okay?
Police chases for non-violent crimes often spin out of control,
killing and injuring innocent bystanders.

PursuitSAFETY is a national nonprofit organization working to raise awareness about a real crisis that
will continue to affect thousands of law-abiding people if we don’t come together and do something about it.
Please visit pursuitsafety.org so you can find out more about what PursuitSAFETY is doing to:

• Serve injured victims and bereaved families
• Unite people together to solve this global crisis, and
• Save Lives by promoting pursuit policies and legislation that strike an appropriate
balance between (a) apprehending fleeing drivers or answering first-responder
calls and (b) ensuring public safety.
Your tax-deductible gift will help us save lives.

The coolest new safety
innovations for your next car
By Henry N. Didier Jr.
includes, most notably, Brake Assist
and Smart Stop Technology.
Brake Assist is designed to detect
sudden or “panic” braking and
adds the full pressure needed to
help prevent a collision. Smart Stop
Technology automatically reduces
engine power when both pedals are
pressed at the same time under certain
conditions.
For a longer version of this article,
visit thesafetyreport.com.

A

rguably, the biggest change
in the auto industry over the
past decade is manufacturers’
attitudes toward investments and
advancements in safety technologies.
Whereas style, performance and
price used to reign supreme, now
safety is what sells.
For years, safety innovations were
being developed and improved, yet
automakers were slow to incorporate
them. But now, they’re catching up—
and with a vengeance. The result is a
wide array of standard and optional
safety features on luxury as well as
midrange vehicles.

Crash Avoidance Features
The Insurance Institute for Highway
Safety (IIHS) estimated that current
crash avoidance features have the
potential to prevent or mitigate as
many as 1.9 million crashes each year,
including 1 in 3 fatal crashes.
Among the many car companies now
offering choices, Volvo continues to be
the gold standard in safety through the
use of advanced technology.
Case in point, its high-tech “City
Safety” system helps drivers avoid rearend, low-speed accidents via an optical
60 / THE SAFETY REPORT / SPRING 2012

Additional
Key Features
radar system that will activate the car’s
brakes automatically if a collision is
imminent to prevent an impact.
Also, it offers the world’s first
Pedestrian Detection system, which
can prevent accidents involving
pedestrians by automatically stopping
the car if a person walks out in the
street.

Watching Your Wallet
In the budget-friendly category, Ford
offers new safety options on some of
its new models. The 2012 Explorer can
be equipped with inflatable rear seat
belts, which, in the event of a frontal or
side crash, deploy and help distribute
crash force energy across more of the
occupant’s torso than a traditional belt.
Also from Ford and available on the
Edge, Taurus and Explorer in 2012 is
Adaptive Cruise Control and Collision
Warning. With Adaptive Cruise
Control, drivers select a cruising speed
and the distance they want to maintain
from the vehicle in front of them,
and the car automatically slows or
accelerates to maintain that distance.
Not to be outdone, Toyota now
offers its Star Safety System package
as standard on all of its vehicles, which

Regardless of model, customers
should consider a few additional
key features for added safety.
• First, ask whether the seatbelt
system has pretensioners or
belts that tighten belt if a crash
is likely.
• Also, don’t be fooled by
claims of “side airbag head
protection.” Investigate further
to ensure that the side airbags
extend to the rear-seated
passengers where children often
sit.
• Rollover canopy airbags are
another important life-saving
feature to consider, particularly
with SUVs.
• Finally, inquire as to whether
laminated glass is available
for side and rear windows, in
addition to the windshield. This
is an option worth buying to
prevent ejections in rollover
crashes.
When looking for a new car,
decide what is most important
to you and research the models
that offer features you desire.

FACES

of

INJUSTICE

Editor’s note: In each issue, we will share stories from everyday
people whose lives have been impacted by the actions of others.

Looking to
Change the Law

Don Nelson and
his son, Kenny

How only one person took the fall, while two are to blame
By David Ransin

W

hen it comes to letting
family or friends drink
and drive, most of us are
unaware of the civil legal rights and
responsibilities that do or do not
exist—nor of the legal consequences
that may result.
The Nelson family’s tragedy tells this
story. Don Nelson—a respected
eader and high school coach—was
killed after being struck head on
by a drunk driver while riding his
motorcycle.
Nelson’s death could have been
avoided had one person stopped
Harry Widener from driving—his wife,
Donna. And yet, while Harry Widener
is at fault and liable, his wife is not.
Widener was an alcoholic. He and
his wife knew it.
When Harry started drinking, he
just kept drinking and neither of
them kept count.

Besides Harry’s three prior DWIs, his
wife knew there were many more times
he drank too much and drove any
way—often with her in the car.
Widener’s drinking and driving had
been a recurring problem throughout
their marriage of more than 20 years.
Nonetheless, she invited him to join
her and some friends after work at a
local bar, knowing he would be driving
there on his own and probably driving
afterward.
For four straight hours, she sat
watching as Widener drank beer after
beer.
As her husband got up to leave,
Donna questioned whether he was
sober enough to drive. She admittedly
did not try very hard and—despite
knowing better—agreed to let
Widener drive himself home.
Leaving the parking lot in his pickup,
Widener turned left—the wrong way—

Don Nelson’s
motorcycle after the
head-on collision.

on a one-way divided highway. He
went only two blocks, rounded a curve,
and hit Nelson and his motorcycle head
on. Nelson was dead.
With a blood alcohol content level
of nearly three times the legal limit,
Widener was criminally responsible
for Nelson’s death; he pleaded guilty
to vehicular manslaughter and served
time from his conviction.
However, establishing the full
responsibility of Nelson’s death—in
terms of his family’s civil claims for their
harms and losses—was not as clear cut.
The civil law holds Widener
responsible, but it does not hold his
wife responsible for her actions, which,
in this case, clearly contributed to this
tragedy.
If anyone could have, and should
have, stopped Widener, it was his wife.
Widener never would have been at
the bar without her invitation. Even
Widener admitted that had she been
more adamant and refused to let him
drive home that night, he would have
let someone else drive. If that had
happened, there would have been no
accident, no conviction…and Nelson
would be alive today.
In Missouri, as in most states, one
spouse is not liable for letting the
other spouse drive drunk.
Under the present law, because of
the marital relationship, any property
owned jointly by spouses in this
situation is completely protected from
these type of claims brought against
the other spouse. That is, the Nelsons
claims for the wrongful death of their
father against Widener cannot reach
property owned jointly by the couple.
The end result is that the wife’s
@THESAFETYREPORT / THESAFETYREPORT.COM / 61

FACES

of

INJUSTICE
property rights are fully protected from
any claims against her husband for his
drunk driving and she bears no legal
responsibility for her role in allowing
her husband to drive drunk and kill
someone.
Thus, the victim’s family is limited to
recovering only the small amount of
liability insurance that the drunk driver
had available.
In other words, the drunk driver and
his or her spouse can have millions of
dollars in assets fully protected, but can
do so while only carrying the minimum
legal limit of automobile insurance,
which can be as low as $25,000 or even
$15,000.
In their dad’s memory, and for the
right reasons, Kenny and Stacy are
pursuing a lawsuit against Donna
trying to change this law. Their claim is
that if Donna enjoys unique property
rights due to her marital relationship,
then she should also bear unique
responsibility as well for her failure to
prevent injury and death to innocent
victims of her husband’s drunken
driving.
They hope to establish a fair balance
in which such a legal right of protection
for jointly held property also bears a
reasonable, jointly held responsibility
to the public.
Without this change in the law,
families will be denied full justice from
all parties who are directly responsible
for causing needless harms and losses.

Kenny, Stacy and
Don Nelson.

62 / THE SAFETY REPORT / SPRING 2012

A Story of
Disfigurement
and Deception
By Linda Chalat

I

n 2004, Stacie Hintz was a young
mother living quietly with her
husband and daughter in Colorado
Springs. Then she was given a
life-changing diagnosis by a local
pathologist of an aggressive type of
breast cancer called DCIS.
The National Cancer Institute
defines DCIS as a precancerous
condition in which abnormal cells are
found in the lining of a breast duct.
In some cases, DCIS may spread
to other tissues, according to the
institute.
After the initial diagnosis, two
partners of the primary pathologist
confirmed her finding of DCIS. As a
result of the diagnosis, the treating
breast surgeon recommended a total
bilateral mastectomy and removed
both breasts.
After Hintz’s double mastectomy,
the primary pathologist reviewed
surgical tissue samples and
diagnosed them as benign. She also
reviewed the original biopsy slides

and revised her diagnosis, but did not
tell Hintz.
“I was pretty scared at the time,”
Hintz told the New York Times. “My
daughter was 2 years old. The state
of mind that I was in was saying, ‘I
need to live to raise my daughter—
just do what you need to do.’“
Hintz later moved to Denver and
sought follow-up care at a larger
facility—the University of Colorado
Health Sciences Center. To manage
her case, doctors at the University
of Colorado asked for the pathology
slides from her previous doctors.
Several weeks later, Hintz received a
letter from her new doctors:
She never had breast cancer.
“It said we’ve reviewed these slides
and we’ve found no cancer,” she said.
“I’m standing there, in shock.”
That is when Hintz learned for
the first time that she had been the
victim of medical malpractice and a
victim of the “code of silence,” which
dominates the medical community.

FACES

of

INJUSTICE

She hired our firm to represent her in
claims against the pathology group
responsible for the initial misdiagnosis
and her breast surgeon for advocating
immediate surgical removal of both
breasts.
There was a huge fight over the
failure of the pathologists—any of
them—to inform Hintz of the revised
diagnosis of no cancer.
One defendant, who had reexamined the slides and found no
evidence of cancer, and who had
joined the “conspiracy of silence” was
dismissed from the case under the
rubric of “quality control” and “peer
review.”
The corporate employer of the
pathologist, in whose files the evidence
of no-cancer was kept from Hintz, and
against whom a claim of outrageous
conduct was made, was also dismissed
on the rubric that corporations do not
practice medicine, and in any event the

failure to furnish a patient with truthful
information that her diagnosis of
cancer was incorrect was tantamount
to outrageous conduct was also
dismissed.
The court held that the failure to
inform, intentional or not, was included
within the “practice of medicine”
and thus barred the claim under the
immunities extended by the Colorado
tort reform statute.
The doctors involved with her DCIS
diagnosis and subsequent double
mastectomy consciously decided not
to tell Hintz that she did not have
cancer—condemning her to live under
the shadow of the diagnosis of cancer
the remainder of her life, receiving
care predicated on the falsehood and
having her daughter labeled as the
child of a breast-cancer survivor. These
pathologists suffered no consequences
for their outrageous deception.
But Hintz does live with dramatic
consequences. She lives with the
severe disfigurement that results from
a double mastectomy. Her past and
future medical expenses, including
reconstructive breast surgery, are
expected to total approximately
$80,000.
Hintz ultimately reached a
settlement with the pathology group
that had given her the misdiagnosis.
And this is when she was victimized a
third time.

In Colorado, there are very
strict caps on damages in medical
malpractice cases limiting all noneconomic damages, including
disfigurement, to $300,000.
Even though she had been
deliberately misled by her doctors as
to her cancer diagnosis, and she had
both of her healthy breasts surgically
removed, the Colorado legislature
had predetermined that her injuries
were worth no more than $300,000,
irrespective of what a jury might award.
Although the exact financial terms
of the settlement are confidential, the
settlement reached for the Hintz family
reflected that cap on damages.
Under current Colorado law, a
person suing a doctor or hospital
for malpractice can recover only
$300,000 in noneconomic—or
“pain and suffering”—damages
and disfigurement and permanent
impairment damages.
For other types of tort claims,
caps on noneconomic damages
do not include disfigurement
and impairment—only when the
disfigurement is caused by a medical
professional does the cap extend to
physical disfigurement and impairment.
All damages in Colorado medical
malpractice cases are still capped at
$1 million, unless a judge approves a
higher award.

What is Faces of Injustice?
Faces of Injustice is a platform that seeks to give a voice to those whose suffering does not end with the conclusion of their legal case. From malpractice
to the fine print, these everyday people have been negatively impacted by
tort reform, abusive defense tactics, improper judicial interference or jury bias.
Faces of Injustice will tell their stories.
To read more or if you have a story you would like to tell,
please visit facesofinjustice.org
All names, photos and documentation has been approved by all interested parties.

FACES

of

INJUSTICE

@THESAFETYREPORT / THESAFETYREPORT.COM / 63

the

Dos &
Dont’s
of...

Do

Dieting
By Stephanie Andre

Do

Don’t
drink
plenty of
water!

watch
your
portions.

go grocery
shopping
when you’re
hungry.

Don’t

Do
plan your
meals in
advance.

Don’t

stress about
how much
weight you
are—or are
not—losing.

skip meals.

Don’t

Don’t

Do

eat half a
bag of cookies
because it says
“reduced fat.”

give up!
take pride
in building
willpower.

64 / THE SAFETY REPORT / SPRING 2012

Do

Do
keep
a food
journal.

bring your
own lunch
to work.

Driving While Texting
Should Be Banned
By David Bernstein

A

ccidents can occur for a variety of reasons. Some
are preventable. Others are not. Distracted driving
would fall into the preventable category.
That is why more and more states are making it illegal to
send text messages while driving. In fact, at least 30 states
have banned text messaging for all drivers.
In addition, at least eight states prohibit all handheld
cellphone use while driving. The federal government has
also banned texting while driving by federal employees on
duty and by all commercial truck and bus drivers.
According to the Kansas Transportation Department,
texting drivers are 23 times more likely to be involved in a
collision. To put this number in perspective, drunk drivers
are seven times more likely to be involved in a collision.
There are three types of distractions while driving: (1)
Visual (eyes off of the road); (2) Manual (hands off of the
steering wheel) and (3) Cognitive (mind off of driving).
Texting while driving involves all three types of distractions.
A new bill was introduced in Oklahoma this January to
prevent all drivers from texting and driving. Hopefully by
the time this issue of The Safety Report is published, the
Oklahoma legislature and governor will have passed and
signed this new bill into law.
At press time, Oklahoma law only prohibits drivers 18 and
under who have a learner’s permit or intermediate driver’s
license from using a cellphone to talk or text while driving,
except in case of emergency. In addition, the governor
previously signed an executive order prohibiting state
employees from texting while driving on state business in
state-owned or personal vehicles.

If you, a friend or a family member have been injured by a
defective product, a medical device, a prescription drug,
an impaired or inattentive driver, a trucking company,
an on-the-job incident, or if an insurance company has
not treated you fairly, please consider contacting David
Bernstein for a free initial, confidential consultation.
Bernstein has been recognized as a Super Lawyer
(restricted to the top 5 percent of all attorneys) in
Oklahoma every year since this prestigious program
began in 2006. In addition to being published in the
Oklahoma Bar Journal and teaching attorneys and
insurance adjusters every year at legal seminars on topics
such as “Insurance Bad Faith,” “Trying Personal Injury
Cases,” Trying Large Truck Cases,” “Uninsured Motorist
Coverage,” and “Evidence,” Bernstein is proud to give
back to the community.
In addition to being one of the founders of Lawyers
Against Hunger, a nonprofit corporation to help feed the
less fortunate, Bernstein is proud to donate to charities

If the proposed bill has not been passed by the Oklahoma
legislature when you read this article, I strongly recommend
that you contact your representative and encourage him or
her to support this bill making texting while driving illegal.
Texting while driving is a serious problem. The proportion
of drivers distracted at the time of fatal crashes increased
from 8 percent in 2004 to 11 percent in 2008, when nearly
6,000 people died and more than a half million were injured
in crashes involving a distracted driver. And those statistics
don’t even tell the whole story. The problem may be even
larger since driver distractions may be vastly underreported
to law enforcement.
There is good news, though. As mentioned above, more
and more states are implementing bans on texting while
driving. Accidents caused by texting are entirely avoidable.
Drivers need to understand that certain distractions
are preventable. Writing or reading a text while driving
can be delayed until the car is stopped. No text is worth
risking your life as well as the life of other innocent families
traveling on the roads. With the help of laws prohibiting
such behavior, the roads should become substantially safer.

including United Way, the National MS Society-Oklahoma
Chapter and the Oklahoma Lawyers for Children. He also
served as one of the original members of the Norman
Historical District Commission for many years.
Please call 405.329.1484 or 800.235.0529 to set up a
free initial, confidential consultation and enjoy a free cup
of coffee/soft drink. Or, if you prefer, you can send an
email to dbnormanok@aol.com and describe your legal
issue.
Our main office has plenty of free parking and is located
in downtown Norman at 104 W. Gray St., just two blocks
from the Cleveland County Courthouse. There is also
an alternative location in Oklahoma City if that is more
convenient.
In some circumstances, if you are unable to travel,
Bernstein can come to you.
Please visit www.USASafetyLawyer.com for more
information and to read blogs on current issues of
interest.

PROMOTING SAFETY.
PROTECTING RIGHTS.
GIVING BACK.
FOR ALMOST 30 YEARS.
CONTACT US TODAY

USASafetyLawyer.com
Call us at 405.329.1484
Email us at DBNormanOK@aol.com